When assessing a medical malpractice claim, one of the first elements that the court assesses is the duty of care doctors fulfill towards its patients.

The idea is to determine what level of care was provided under the conditions that translated into the healthcare practitioner’s suspected medical negligence.

To find out if a duty of care subsists within a doctor-patient relationship, a comprehensive investigation of the association is needed. Typically, the court considers the following:

·         If there was a reasonable foresee ability,

·         The dynamics of relationship that may or may not lead to duty of care,

·         Further policy presumptions to determine the duty of care.

Outlined below are some of the responsibilities of doctor(s) towards patient(s):

Doctor’s Duty of Care

Obligation to Diagnose and Cure Patients

Doctors are responsible for accurately diagnosing and treating the patients. This may require them to take necessary actions (or alternatives at hand) to undertake correct analysis, offer solutions and keep a check on their patients' improvement.

The obligation to take care of patients includes:

·         Prescribing precise medicines and drugs,

·         Informing patients regarding pros, cons, possible side-effects, and option for a suggested treatment,

·         Sufficiently follow-up of patient(s) for a practical duration of time

Obligation to Make Information Available

Doctors should make available all the information and guidelines that patients require in order to make  informed decisions. For instance, they must enlighten patients regarding their:

·         Medical diagnosis

·         Background, objective and intensity of treatment,

·         Hazards and other side-effects associated with the treatment,

·         Alternative treatments available

Moreover, it is also the duty of the doctor to answer all queries and concerns of patients until they are satisfied.

Obligation to Respect Patient’s Privacy

Doctors are obligated to value the privacy and confidentiality of their patients; something technically known as the duty of professional secrecy.

This duty entails all the basic and explicit details patients share with their doctor. Moreover, this duty also applies to the factual information that doctors learn about the patients and share with them in account of their doctor-patient bond.  

Rights of the Patients

While doctors are prescribed by law to undertake their duties sincerely, patients also have the liberty to exercise their rights when obtaining medical care from them.  Some of the basic rights that patients can freely exercise include:

·         To obtain safe and adequate care,

·         To accept or refuse a certain treatment or procedure (for a reason),

·         Demand proper explanation of the probable benefits and risks of available treatment options,

·         Take part in decisions pertinent to their health,

·         Ask for a secondary opinion (for a reason),

·         Ensure that their personal information is kept confidential,

·         Appeal the transfer of their medical records to a different medical practitioner (upon a fee)

Medical negligence and inaccuracies typically costs the U.S. billions of dollars per year. If you have been a sufferer of substandard medical care, make your way to The Fitzgerald Law Firm. Based in New York, they have some of the most experienced medical malpractice lawyers who can represent you and fight your case.