In a medical malpractice case, one of the first elements that must be established is who had a duty of care to the patient. This means there was a doctor-patient relationship, the patient was in the doctor’s care and they reasonably expected treatment that was acceptable and appropriate based on their medical condition.
Not everyone in a hospital or doctor’s office will have a duty of care to a specific patient. If a patient suffers harm, they cannot simply file a lawsuit against any medical professional at that facility. They must first determine exactly who owed them a duty of care and who may bear responsibility or liability for their injuries.
Could multiple parties be involved?
Yes, in many cases, multiple people may have a duty of care to the same patient. For example, a surgeon has this responsibility when performing a procedure, as do other professionals, such as an anesthesiologist.
After a procedure is completed, the patient may receive aftercare and support from nurses in the hospital. These nurses are responsible for tasks such as monitoring the patient’s symptoms, administering medication and more. They also have a duty of care to the patient and could be liable for medical errors, such as medication mistakes.
Finally, the medical facility itself may have a duty of care to the patient. Many medical malpractice lawsuits involve claims against a hospital and an attending physician, depending on what errors occurred or how the patient was harmed.
Establishing a duty of care is just one of the first steps in a medical malpractice case. Be sure you understand all of your legal options if you believe you or a loved one has suffered medical malpractice.