What Is a Healthcare Provider’s Duty of Care?

As a patient, you trust your doctors and other medical professionals to protect your health and make the best decisions for your care. However, not every doctor follows the same treatment approach, and that can affect your recovery. Understanding a healthcare provider’s duty of care can help you know what to do if you believe they failed to meet medical standards.

Below, we explain a provider’s duty of care, the medical standard of care, and what can happen when that standard is not followed. We also cover how this can affect a medical negligence or malpractice claim.

What Does “Duty of Care” Mean?

According to the International Committee of the Red Cross (ICRC), the term duty of care is a legal term that refers to a person or organization’s responsibility to act in ways that keep others safe. For example, in a car accident, it’s a driver’s duty to follow traffic laws to protect others on the road. In healthcare, it’s the medical provider’s duty to give treatment that follows the standard of care. This includes correctly diagnosing your problem and giving the right treatment on time.

All healthcare providers, whether physicians, nurses, or therapists, have a duty to keep patients safe. Proving this duty of care is key if you want to file a claim. You must show that the provider had a legal responsibility to give proper treatment and protect you from harm.

Once you show that a medical provider owed a duty of care, you must also establish what the proper level of care should have been in your situation. If a doctor or other provider fails to meet that level of care, it may be considered medical negligence.

 All healthcare providers have a duty to keep patients safe. Proving this duty is key if you file a claim.

What is the Standard of Care?

Once you prove a medical provider owed you a duty of care, the next step is figuring out what the standard of care should have been. The standard of care sets a baseline to judge whether the provider acted correctly. This helps the court decide if the healthcare professional met their duty or failed you.

Here’s what it means for patients:

• Your healthcare provider should treat you with the skill and care of an average healthcare provider in the same field.
• The standard considers the medical knowledge available at the time.
• It may vary depending on your age, medical history, condition, and available resources in the facility.

Your personal injury attorney can work with medical experts to explain the standard of care in your specific situation. They can also present your medical scans, records, and reports to show how your doctor deviated from the standard of care.

How to Prove the Duty of Care in a Medical Malpractice Lawsuit

To show your healthcare provider had a duty to care for you, you first need to prove you were their patient. This means you and the provider agreed that they would treat you for a health problem. You actively sought care, and the provider agreed to give treatment. Medical records are usually the strongest proof—they show when you first became a patient and the care you received over time.

If the medical records don’t clearly show that you were a patient, your medical malpractice lawyer can use witness testimony. Witnesses can explain that you chose this doctor, went to appointments for a specific health problem, and received ongoing treatment from the provider.

Examples of How Medical Providers May Fail in the Duty of Care

Doctors are held to a higher standard than most people because their mistakes cause serious harm or even death. They must diagnose and treat your medical condition carefully and correctly. Doctors also have to get your permission before procedures, keep clear medical records, and follow up on your care.

Unfortunately, healthcare providers sometimes fail their duty of care.

Common examples include:

• Improper infection controls, leading to sepsis or other infections
• Misdiagnosis or missed diagnosis
• Operating on the wrong body part or leaving equipment inside a patient
• Discharging a patient before they are stable or without care arrangements
• Failing to communicate a patient’s medical history when transferring to another facility
• Lack of monitoring or responding to a patient’s change in health status
• Failing to maintain and repair medical equipment
• Staffing and training inadequacies that lead to poor patient care

Failure to follow the duty of care gives you the right to pursue legal action if you are harmed. You can file a claim against the provider’s malpractice insurance or include the facility and its administrators in your case. Taking action ensures negligent caregivers are held responsible and helps prevent future mistakes.

How Establishing Duty and Standard of Care Affects Your Medical Malpractice Case

In medical malpractice claims, you must show the five key elements of negligence:

1. You had a provider-patient relationship with the defendant.
2. The defendant owed you a duty of care.
3. The defendant breached (failed in) the duty of care by not meeting the standard of care for your condition.
4. The defendant’s breach of duty directly caused your illness or injury.
5.  You have damages (economic and non-economic) associated with the illness or injury.

Each element of a medical negligence claim builds on the one before. You must show that it is more likely than not that your injury or illness happened because the provider failed to give the proper standard of care. When you can link the provider’s mistake directly to your harm, you show causation, which allows you to seek compensation for your damages.

Does Pennsylvania Have Damage Caps for Medical Malpractice Claims?

In Pennsylvania, you can recover the full value of your personal injury claim. For medical malpractice or negligence cases, this includes more than just your medical bills. You may also recover costs for your physical and emotional recovery, including pain and suffering or permanent disability.

If a doctor, nurse, or medical facility acted with willful or reckless disregard for your rights, the court may award punitive damages. These serve as a warning to others to refrain from similar actions and are meant to exact harsh punishment on the defendant. In PA, punitive damages are capped at 200% of your compensatory damages or no less than $100,000, with some exceptions.

Trust Lopez McHugh as Your Philadelphia Medical Malpractice Lawyers

Medical malpractice claims are often challenging and require experienced legal representation to get the best results. You need to act quickly if you suspect malpractice or medical negligence because in Pennsylvania, the statute of limitations is only two years from the date you were harmed.

The Philadelphia medical malpractice lawyers at Lopez McHugh have handled medical negligence claims against therapists, nurses, doctors, hospitals, and other healthcare providers. We offer free consultations and work with Pennsylvania residents to hold negligent medical providers accountable. Contact us today to learn how we can help protect your rights and seek the compensation you deserve.