Negligence is the primary precursor to most personal injury claims. It is an individual’s lack of due prudence when fulfilling their duty. Every human being should behave with a reasonable amount of care every day of their lives to avoid accidents and preventable damages. However, we hold medical professionals to a higher standard.
The standard of medical care is a health care provider’s duty to their patient. As a medical health care provider, you must follow medically established protocols and procedures to ensure your patient receives an accurate diagnosis and proper treatment. Deviating from your duty as a health care provider to provide that standard of care can result in a medical malpractice lawsuit.
What is a health care provider’s legal duty?
The standard of care is a legal duty. The duty begins when a patient approaches a health care provider and trusts them to provide the same care any other reasonable health care provider in the same professional field would. The health care provider will then assess their patient’s concerns through a medical evaluation which may involve reviewing the patient’s medical history and symptoms and conducting necessary tests. The health care provider will do what it takes to avoid misdiagnosis or failure to diagnose. The health care provider will do what it takes to figure out the proper course of treatment if necessary.
How does a breach of medical duty result in a lawsuit?
Now that we have determined the health care provider owes a duty of care to the patient, a breach of that duty occurs when the health care provider fails to meet the established standards. It does not matter whether it was a result of negligence or adverse action. A patient may sue a health care provider if they suffered damages because of the health care provider’s actions or failure to act.