When you go to a healthcare facility, you’re trusting that they will have your best interests at heart, and put your health and well-being in their hands. But what happens if something goes wrong during your care? This is why understanding the duty of care and medical negligence helps patients know their rights and what steps to take if you believe you’ve been harmed by a medical professional’s negligence.
What is Duty of Care?
Duty of care is the legal obligation that establishes the responsibility healthcare professionals must provide to their patients. Once a doctor agrees to treat you, they automatically assume a legal responsibility to provide care that meets the standards expected of a reasonably competent medical professional in their field. This duty extends to nurses, surgeons, specialists, and other healthcare workers who participate in a patient’s treatment.
The duty of care requires medical professionals to act with reasonable skill and caution when treating patients. They must stay current with medical knowledge, follow established protocols, communicate clearly about risks and treatment options, and monitor patients appropriately. This obligation continues throughout the duration of your treatment relationship, whether that’s a single emergency room visit or ongoing care spanning years. This includes:
- Listening to your concerns
- Making accurate diagnoses
- Providing appropriate treatment
- Informing you of risks and alternatives
- Referring you to specialists when needed
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What is Medical Negligence?
Medical negligence occurs when a healthcare provider fails to uphold their duty of care, causing harm or injury to a patient and in severe cases, resulting in wrongful death due to malpractice.
What Are Common Types of Medical Negligence
Common types of medical negligence include:
- Misdiagnosis or delayed diagnosis that results in delayed or incorrect treatment.
- Medication errors like prescribing the wrong medication, incorrect dosage, or failing to check for allergies that could result in serious reactions.
- Surgical errors such as working on the wrong part of the body, complications that could have been avoidable, or leaving surgical instruments inside the body.
- Failure to monitor patients especially during recovery, labor, or after administering anesthesia.
- Improper treatment including failure to follow accepted medical guidelines or using outdated practices.
- Birth-related injuries caused by delayed intervention or improper use of delivery instruments.
- Failure to obtain informed consent by not fully explaining the risks, alternatives, or potential outcomes of a treatment or procedure.
- Inadequate post-treatment or post-operative care that results in infections, delayed healing, or other preventable complications.
- Failure to refer a patient to a specialist when their condition requires advanced or specialized medical expertise.
Duty of care is a key part of a medical negligence case to show that a healthcare provider had a responsibility to act in the patient’s best interest. When a healthcare provider falls short of the accepted standard of care and a patient suffers harm as a result, that breach can lead to legal consequences. More than just a legal concept, duty of care exists to protect patients, ensure accountability, and uphold trust in the healthcare system.
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What Are Your Rights as a Patient?
Understanding your rights helps you recognize when duty of care has been breached. You have the right to competent medical care that meets professional standards, the right to be fully informed about your diagnosis, treatment options, and associated risks, and the right to participate in decisions about your healthcare.
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How Do You Know if a Breach of Duty of Care is Medical Negligence?
Not every bad outcome in healthcare constitutes negligence. Medicine is complex and carries inherent risks, and even the best care can sometimes lead to complications or unforeseen complications. To prove medical negligence, four main factors usually need to be met.
- A professional relationship must exist between the patient and healthcare provider.
- The healthcare provider must have failed to meet the accepted standard of care. This means their actions (or inactions) fell below what a reasonably competent professional would have done in similar circumstances.
- The breach of duty of care must have directly caused a patient’s injury and there must be a clear link between the substandard care and the harm suffered.
- The patient must have suffered actual harm such as physical, emotional, or financial, as a result of the breach.
What Should You Do if You Suspect Medical Negligence?
If you believe you or loved one has been harmed due to medical negligence, here are steps you should take:
Seek Immediate Medical Attention
First, seek medical attention from another provider if you’re experiencing ongoing health issues. Your health and well-being should always come first.
Document Everything
Document everything you can remember about your treatment including dates, times, names, conversations with healthcare providers, symptoms, and how the injury has affected your life.
Request Your Medical Records
Request a copy of your medical records. You have a legal right to these documents, and they will be crucial evidence if you decide to pursue a medical negligence claim.
Consult With a postman Law Medical Malpractice Attorney
Medical negligence cases are often complex, and expert testimony is usually key to proving that the standard of care wasn’t met. Postman Law’s medical malpractice attorneys will evaluate your case, explain what your options are, and protect your rights immediately. We’ll keep you informed through every step of the process and fight to get you the compensation you’re entitled to. We’re committed to getting justice for you when a healthcare provider has breached their duty of care, and have recovered millions for clients who have been victims of medical malpractice.
Don’t let a healthcare provider get away with medical negligence because they breached their duty of care. We have offices in Chicago, Cincinnati, Denver, and Minneapolis, but also serve clients nationwide. Contact us for a free case evaluation by calling us at 844-POSTMAN or filling out our online form.
FAQs
Nothing! Postman Law works on a contingency fee basis, which means you don’t pay anything upfront. We only charge a fee if we win your case or secure a settlement for you. The fee is typically a percentage of the total compensation you receive.
To file a medical negligence claim, you need to consult with a lawyer who specializes in medical malpractice. Postman Law’s attorneys will help you gather all relevant medical records, test results, and evidence showing that the standard of care was breached. We’ll then file a formal complaint and notify the healthcare provider or facility involved.
The length of a medical negligence claim varies depending on the complexity of the case, the severity of the injuries, and whether the case is settled or goes to trial.
Compensation for medical negligence cases depends on medical expenses, loss of income, pain and suffering, and any long-term care costs.
Medical malpractice settlements can be paid out in different forms depending on the terms agreed upon and the specifics of the claim. Different payments types are: Lump-sum payment, structured settlements, and partial payments.
The statute of limitations varies by jurisdiction, but usually ranges from 2–6 years from the date of injury or from when the patient became aware of the harm due to medical negligence.
Postman Law specializes in personal injury cases, including car and truck accidents, slip-and-fall injuries, medical malpractice, product liability, wrongful death, workplace injuries, and more. Our attorneys have secured over $3 billion for more than 1.4 million clients.
We move quickly to gather evidence, thoroughly investigate your case, negotiate with insurance companies on your behalf, and represent you in court when necessary. You pay nothing up front. We only collect a fee if we secure compensation for you.
Throughout your case, we stay in close communication, answering your questions, explaining your options, and guiding you every step of the way. Contact us today to schedule a free case consultation.
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