Medical providers (doctors, surgeons, nurses, pharmacists, gynecologists, dentists and so on) have one of the most sensitive careers. The complexity of the human body makes their job complicated. This is why they go through years of training to protect people.
Unfortunately, some practitioners make mistakes that can lead to long-term/life-threatening effects. If this happens, you can file a medical malpractice claim. However, you must prove several elements for your claim to be valid, and one of them is that the provider owed you a professional duty.
This post provides in-depth details on this matter:
What is a professional duty?
When a medical provider takes you as their patient, they have a duty to serve you as required. The should:
- Collect your information
- Diagnose and treat you
- Give you extensive information to make free and informed decisions
- Respect confidentiality
- Refer you to a specialist
- Offer adequate follow-up care
If your doctor fails to observe any of these duties and more, you may have grounds for a medical malpractice claim. For example, if they fail to get crucial information on your medical history and administer a medicine you are allergic to.
Other examples include failure to diagnose, misdiagnosis, failure to treat, offering substandard care and not following up on you within a reasonable time.
How can you prove this element?
The element of a medical provider owing you a professional duty is the easiest to prove. All you have to do is show you were under the provider’s care. Your hospital records should confirm this. Even a doctor covering for a colleague or providing emergency care services on the roadside, possibly to an accident victim, has a professional duty of reasonable care.
If you experienced medical negligence, it may be best to get more information about your case to protect your rights.