The duty of care refers to the legal and ethical obligation that all healthcare professionals have to provide safe and competent treatment to their patients. It’s about ensuring the safety and wellbeing of patients, acting in their best interest and adhering to professional standards to prevent foreseeable harm.
Unfortunately, there are sometimes instances where healthcare professionals fail in their duty of care, resulting in harm that could have been prevented. When this happens, it could potentially form the basis of a medical negligence claim.
In this blog, we’ll explain:
- What duty of care means
- What counts as a breach of duty
- How a breach is proven in medical negligence cases
- What you should do if your healthcare professional has failed in their duty of care
Have you suffered medical negligence because a healthcare professional failed in their duty of care? Start a medical negligence claim with the Medical Law Partnership to get the compensation you deserve.
What does duty of care mean?
In healthcare, duty of care refers to the legal and ethical responsibility that healthcare professionals have to ensure the safety and wellbeing of their patients. When a patient is treated by a GP, a doctor, nurse, or other healthcare provider, a duty of care is automatically established when the relationship begins. This means the professional must provide treatment that meets the standard expected of a reasonably competent practitioner in the same field.
This responsibility exists to protect patients from avoidable harm. Healthcare professionals are expected to use their training, knowledge, and experience to make decisions that prioritise the patient’s health and safety. While not every medical treatment is predictable or has a guaranteed outcome, professionals must take reasonable steps to minimise risks and provide care that aligns with accepted medical standards.
Some of the key obligations that fall under a healthcare professional’s duty of care include:
- Providing competent and appropriate treatment: Assessing symptoms correctly, making reasonable clinical decisions, and providing treatment options that are suitable for the patient’s condition.
- Following professional guidelines and standards: Following established clinical guidelines, procedures, and best practices within their profession.
- Obtaining informed consent: Giving patients clear information about their diagnosis, treatment options, risks, and potential outcomes so they can make informed decisions about their care.
- Maintaining accurate medical records: Properly documenting patients’ medical history to ensure continuity of care and allow other medical professionals involved in the patient’s treatment to make the right decisions.
- Monitoring and aftercare: The duty of care also extends beyond initial treatment, including monitoring a patient’s progress and providing appropriate follow-up care.
When a healthcare professional fails to meet these standards and a patient suffers harm as a result, this may amount to a breach of duty and could form the basis of a medical negligence claim.
What counts as a breach of duty?
A breach of duty occurs when a healthcare professional fails to meet the standard of care that is reasonably expected of them, and their actions (or lack of action) fall below accepted professional standards.
It’s important to understand that not every poor medical outcome or complication means something has gone wrong. However, if the healthcare professional made avoidable mistakes, ignored established medical guidance, or failed to take reasonable steps to protect the patient from harm, it’s likely that a breach of duty has occurred.
Common examples of situations that may amount to a breach of duty include:
- Misdiagnosis or delayed diagnosis: Failing to correctly identify a condition, or taking too long to diagnose it, when a competent professional would have recognised the symptoms sooner.
- Incorrect or inappropriate treatment: Such as prescribing the wrong medication or failing to provide treatment that is widely accepted as appropriate for the condition.
- Surgical errors: Such as operating on the wrong site, leaving surgical instruments inside the body, or causing avoidable injury.
- Failure to obtain informed consent: Not fully informing a patient about the risks, alternatives, or potential outcomes of a treatment before proceeding.
- Failure to monitor or follow up: Not properly monitoring a patient’s condition after treatment or failing to arrange necessary follow-up appointments.
How is a duty of care breach proven in medical negligence cases?
To succeed in a medical negligence claim, it must be proven that the professional responsible for your care failed in their duty of care and this breach caused avoidable harm.
The first step in any medical negligence case is proving that a duty of care was owed; this part is relatively easy, as all healthcare professionals automatically owe their patients a duty of care as soon as they agree to treat them. However, proving that the duty of care was breached is often a little more complicated.
In most cases, proving a breach of duty involves demonstrating that the healthcare professional’s actions fell below the standard expected of a reasonably competent practitioner in the same field. To do this, typically a medical expert will review the details of the case, including medical records and the treatment provided, to determine whether the care met accepted professional standards.
Another key element is establishing causation. This means showing that the breach of duty directly caused, or significantly contributed to, the harm or injury suffered. Even if it’s determined that the healthcare professional did make a mistake, a medical negligence claim will only succeed if it can be shown that the patient’s injury would likely have been avoided if the correct standard of care had been provided.
Evidence commonly used in medical negligence cases includes:
- Medical records, such as consultation notes, test results and treatment plans.
- Independent medical expert reports, which assess whether the standard of care was appropriate.
- Witness statements, including accounts from the patient or others involved in their care.
- Hospital policies or clinical guidelines, which help establish what the expected standard of care should have been.
If it can be proven that a healthcare professional breached their duty of care, and that it directly caused avoidable harm, then this may form the basis of a successful medical negligence claim.
We know this might sound overwhelming, but, if you do decide to pursue a medical negligence claim, you won’t have to gather this evidence on your own. Your dedicated medical negligence solicitor and their team will gather and present all of the evidence on your behalf, making the process as stress-free as possible for you.
What should I do if my healthcare professional has breached their duty of care?
If you believe a healthcare professional has failed to uphold their duty of care and this has caused you or a loved one harm, then you may be able to make a medical negligence claim.
The first step is to seek legal advice from a specialist medical negligence solicitor. At the Medical Law Partnership, our expert team can review the details of your case and help determine whether you may have a valid claim. After discussing what happened and examining the available evidence, we’ll advise you on the strength of your claim and explain the next steps.
If we believe you have a strong claim, we’ll guide you through the entire process and help you pursue the compensation and answers you deserve. Our specialist team includes both experienced solicitors and medical professionals, giving us a unique understanding of both the legal and medical aspects of negligence claims.
To get started, simply complete our online contact form and a member of our team will get in touch to discuss your situation.