What Constitutes a Breach in a Doctor’s Duty of Care in Cleveland? February 16, 2012.
Once a relationship between a physician and patient has been established, the doctor has a legal obligation to provide a reasonable duty of care. This means doctors are expected to provide medical treatment in a manner that another doctor in a similar situation would. Failure to do so could lead to the filing of a physician malpractice claim.
It’s important to understand what constitutes a breach in a doctor’s duty of care to a patient. A treatment plan that doesn’t work doesn’t automatically mean the doctor has failed to provide reasonable care. Or if something goes wrong in surgery, and the patient dies, this also doesn’t automatically mean there was a breach in care.
It must be established that the doctor acted in a negligent manner and as a result, it led to serious or fatal injuries. Using the aforementioned examples, if a treatment plan fails but was the result of a doctor using the wrong plan because he or she failed to diagnose the correct medical condition, this potentially could be a breach.
Or if a patient dies during surgery, but it was caused by a doctor puncturing an organ, this could also be considered a breach. Determining the validity of this type of claim will require legal counsel.
A physician malpractice claim may be filed if there was a breach in a doctor’s duty of care, and it led to serious injuries. Contact us today to schedule your free consultation.