What is duty of care?

Posted in Firm News, Medical Malpractice on December 4, 2018

When it comes to medical malpractice in Washington, it is important to understand a concept called duty of care. Your whole case will rest on its presence. If you cannot prove there was a duty of care, then you cannot prove your case. The National Law Review explains this is the responsibility of a medical professional to provide care to you.

It is a legal and medical concept. To prove a duty of care existed, you have to show you had a relationship with the medical provider. You also must show this relationship existed at the time of your injury. This is often easy to prove through medical records showing the person was your health care provider. If no such records exist, you can also provide witness statements showing there was a duty of care present between you and the medical professional. The key is to show you had an established relationship where the other person agreed to provide you care and you agreed to receive the care.

To combat your malpractice claims, the health care professional has to show that he or she gave you the right care and that he or she gave you that care to the best of his or her ability. If another doctor provided you care, he or she would have done the exact same thing as your medical professional did. This goes to prove the standard of care, which is also important in a case like this. This information is not legal advice. It is for educational purposes only.