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When pursuing a medical malpractice or negligence claim, it’s important to understand that proving your case hinges on establishing that the medical professional owed you a duty of care, that they breached this duty, and that the breach directly caused harm. But what exactly does “duty of care” mean, and how does it impact you and your loved ones as you seek medical care in New York?

Defining Duty of Care

Duty of care is a commonly-used phrased in the medical field, applying to everyone involved in your treatment—from doctors and nurses to the healthcare facilities themselves. This principle established an obligation for all medical professionals to treat you with a high level of skill, care, and attention that’s expected in their field.

A medical professional’s duty of care begins when they accept someone as their patient. When they begin to offer care, whether in a medical office or outside of one, they have a duty to provide the best care to their knowledge and experience in medicine.

When your doctor provides care, they are not merely delivering a service; they are fulfilling both legal and ethical responsibilities. This duty involves accurately diagnosing and treating medical conditions based on their education, training, and experience. It also includes obtaining informed consent before any procedures or treatments are carried out, ensuring that patients fully understand the potential risks and benefits involved.

In addition to diagnosis and treatment, duty of care requires that medical professionals maintain accurate and complete medical records. These records are vital for continuity of care and are a key part of delivering quality healthcare. Moreover, doctors must provide appropriate follow-up care and monitoring after initial treatments to ensure that patients are recovering as expected. If a situation arises where specialized knowledge is necessary, the duty of care extends to referring patients to a specialist who is better equipped to handle the particular condition.

Examples of Breach of Duty of Care

Breach of duty of care occurs when medical professionals fail to meet the standards expected of them. Some common examples include:

• Misdiagnosis
• Delayed diagnosis
• Prescription medicine abuse or prescription mistakes
• Childbirth malpractice
• Failure to contain an illness within the medical facility
• Anesthesia malpractice
• Surgery complications or errors
• Making any choice that goes against the care of the patient

Each of these actions (or failures to act) can have severe consequences for patients, often leading to unnecessary suffering or further health complications and even death.

What Happens When the Duty of Care is Breached?

When a breach of duty occurs, the door to litigation opens. This can lead to lawsuits for medical malpractice or negligence. The duty of care is not only the responsibility of every medical professional involved in your care but also extends to the institutions where you receive treatment. Hospitals, nursing homes, and other healthcare facilities are expected to uphold this standard by ensuring that their staff are properly trained, educated, and provided with the necessary resources to deliver quality care.

Litigation may also target healthcare companies and networks when they fail to adequately train, vet, or support their medical professionals. A lack of proper oversight and resources can directly contribute to breaches of duty, making these entities equally liable for the harm caused to patients.

Protect Your Health and Your Finances with Silberstein, Awad & Miklos, P.C.

If you believe you’ve been a victim of medical malpractice in New York City, contact our team at Silberstein, Awad & Miklos, P.C. We are dedicated to helping you seek justice and secure the compensation you deserve, as showcased by the over $1 billion we’ve won for the people of New York.