What Is Considered a Breach of Duty in Medical Malpractice Cases?

Legal professionals consider any failure by a healthcare provider to meet the expected standard of care when treating a patient, with such a failure resulting in harm or injury, to represent a breach of duty in medical malpractice cases. 

A Baltimore medical malpractice lawyer must establish a breach of duty to build a successful medical malpractice claim. You can learn more about this legal element of medical malpractice claims with help from an attorney.

What’s a Breach of Duty in Medical Malpractice Cases?

A breach of duty in medical malpractice cases occurs when a medical professional fails to adhere to a reasonable and expected standard of care when providing treatment for a patient, with the failure causing injury or harm to said patient. 

Healthcare professionals can breach their duty through action or inaction. 

Examples of Breaches of Duty in Medical Malpractice Cases

Reviewing examples of potential breaches of duty can help you better understand this legal element of medical malpractice claims. Healthcare workers may breach their duty if they:

• Misdiagnose or fail to diagnose a patient’s condition
• Make an error during surgery 
• Administer the wrong medication or the wrong dosage of a medication 
• Fail to request necessary diagnostic tests 
• Ignore a patient’s medical history or symptoms

An attorney can provide you with more information about specific breaches of duty in medical malpractice claims. 

A Breach of Duty Must Result in Harm or Injury

Note that you may only have a valid medical malpractice claim if a breach of duty by a medical professional directly caused you harm or an injury. A mistake or failure to provide appropriate care that does not have significant consequences will generally not qualify you to make a claim. 

A lawyer will need to review your situation to see if the medical professional’s actions resulted in actual damages, including physical injuries or financial losses. A lawyer can also provide more information about what’s considered a breach of duty in medical malpractice cases. 

Any Medical Professional Can Breach Their Duty

All individuals in the medical field have a duty of care to their patients. These professionals have an ethical and legal obligation to maintain a level of care when treating injuries, illnesses, and other medical conditions. 

For example, you may bring a medical malpractice claim against a doctor, nurse, surgeon, or anesthesiologist if they failed to uphold a proper standard of care. 

Who Sets the Duty of Care for Medical Professionals?

No one person sets the specific duty of care that medical professionals have to adhere to when providing care for patients. Instead, this duty says that healthcare workers must provide treatment in line with what another reasonably competent professional would provide in the same (or similar) circumstances.

Medical professionals do not have a duty to provide perfect care in all situations, as this goes beyond the realm of reasonable care. Mistakes may happen in some cases. But they must provide care that adheres to all generally accepted standards. 

Lawyers Can Establish a Breach of Duty

When building a medical malpractice claim, attorneys must establish that a medical professional breached their duty of care. A lawyer will need to investigate all the actions a medical provider took when treating a patient. 

Lawyers will look for comprehensive evidence that can support a client’s claim. Depending on the situation, an attorney may focus on:

Collecting Medical Records

A lawyer may gather information from a patient’s charts and medical records. Important information could come from test results or a doctor’s notes. This information can establish the care a patient received. 

Lawyers may also collect surgical video footage and imaging studies that can further support a client’s claim. 

Working With Medical Experts

In many cases, attorneys will work with medical experts who can review the actions taken by healthcare workers to see if they met the proper standard of care. These medical experts may also provide testimony if a medical malpractice claim goes to court. 

Speaking to Witnesses

A lawyer may interview witnesses who saw a patient’s care to gather more information about potential misconduct. For example, a lawyer may speak with technicians or nurses who provided additional care to a patient. 

We’re Here to Help With a Medical Malpractice Claim

So, what’s considered a breach of duty in medical malpractice cases? Medical professionals breach their duty to patients when they do not provide a reasonable level of care, directly resulting in harm or injury to a patient. 

Our team at Keilty Bonadio can help if you believe that you have a medical malpractice claim in Maryland. We have over 50 years of combined experience that we can draw on when assessing your situation and determining if you have a valid claim. 

We’ll help you navigate the legal process and can discuss options that can bring you compensation for your losses after an act of medical malpractice. You can reach out to us today for professional help and support.