What Constitutes a Breach of Duty of Care in Healthcare?

In the U.S., the state of Ohio ranks 47 in medical malpractice suits per capita. Many of these suits begin when a healthcare worker fails to follow accepted medical practices. This is known as a “breach of duty.” A breach of duty of care in healthcare is a serious mistake that can cause significant harm to a patient, including wrongful death.

What Is “Duty of Care” in Healthcare?

Ethics plays a major role in healthcare. Providers must always have the best interests of their patients in mind as they consider different care options. Decisions must be made based on the patient’s wants, needs, and rights.

Breaching the duty of care standards erodes patient trust and can come with serious legal and professional consequences. Healthcare workers must take every step to prioritize patient safety and well-being. When they fail to do so, patients may need the support of a medical malpractice attorney.

Examples of Breach of Duty of Care in Healthcare

There are many ways a healthcare professional can breach the duty of care. Here are some common examples.

Failure to Diagnose or Misdiagnosis

A late or incorrect diagnosis can cost someone's life. Certain conditions, such as lupus, can be difficult to diagnose, even with careful medical attention. The failure to provide a correct and timely diagnosis may be due to a physician’s lack of diligence.

Women and people of color are 20% to 30% more likely than white males to receive a misdiagnosis. Some researchers suggest that healthcare providers are less likely to seriously consider the complaints of women and people belonging to racial minorities.

Surgical Errors

Even the most routine surgeries come with risks. Carelessness from a surgeon, nurse, or anesthesiologist can result in a medical disaster.

Medication Mistakes

It’s not uncommon for a doctor to fail to order the correct medicine or for a nurse to administer medication incorrectly. When these mistakes happen, patients may experience additional harm.

Negligence in Patient Monitoring and Aftercare

Providing the right care after an illness, accident, surgery, or medical emergency is as important as making an accurate diagnosis. Some patients may need medication, surgery, education, or other forms of follow-up care.

The Role of Standards of Care in Determining a Breach

The law — not a doctor or hospital — is what decides whether a standard of care has been met. If an average doctor would have made the same decisions in the same situation and followed the same medical standards, the standard of care would have been met.

This safeguards both patients and healthcare professionals. It holds providers legally responsible if they breach the standards of care and offers legal protection to medical personnel who follow standardized protocols.

How a Breach of Duty Affects Patient Health and Safety

A breach of duty of care in healthcare can affect a patient in many ways. Mistakes like administering the wrong medication or making surgical errors could cause brain damage or disability.

A breach of duty can also have psychological effects. The patient may feel distrustful of medical professionals and ignore warning signs of a health problem as a result.

Lastly, a breach of duty can have an overwhelming financial impact. Mistakes may require further medical services, including ongoing therapy and medical care, such as long-term hospitalization.

How Does a Medical Malpractice Lawyer Prove Breach of Duty?

To win a medical malpractice suit, a medical malpractice attorney must prove that a provider’s negligence caused harm. To succeed, an attorney must first establish the standard of care — did the medical provider offer the same level of care that an average provider would have in the same situation?

Once the standard of care has been established, an attorney can begin compiling evidence to show the duty of care was breached. For example, suppose that the standard of care requires an X-ray to diagnose a broken arm, but a doctor placed the patient’s arm in a cast without an X-ray. That skipped step may constitute negligence.

Without the proper diagnostic tools, the doctor would not be able to set the arm or confirm the broken bone. The lack of care could cause the patient to lose full or partial use of their arm and lead to unnecessary suffering.

In this case, an attorney might conduct interviews with people who know what happened, such as:

• The physician
• Other medical personnel present at the appointment
• The patient
• Any other witnesses to the incident

The attorney would also gather medical records and expert witness testimony about proper diagnosis and treatment. Ultimately, these actions should allow them to draw a direct line from the patient’s current health status to the medical care they were given.

FAQ

Who Can Be Sued for Breach of Duty of Care in Healthcare?

Any professional healthcare provider can be found liable for a breach of duty of care. This includes doctors, nurses, technicians, dentists, and hospital workers. A hospital can also be found in breach.

What Should I Do if I Think My Doctor Breached His Duty of Care?

If you suspect you have been a victim of medical malpractice related to a breach of duty of care in healthcare, contact a medical malpractice attorney as soon as possible. An experienced attorney can evaluate your case and advise you on your legal options.

What Is the Statute of Limitations on Breach of Duty Medical Cases in Ohio?

Ohio state law allows only one year from the time of the alleged breach of duty to file a medical malpractice claim. That’s one reason why it’s important to speak with a malpractice attorney as soon as possible.

Have You Been the Victim of Medical Negligence?

If you suspect you have been the victim of a breach of duty of care in healthcare, don’t wait — time is of the essence. Call the Moore Law Firm in Cincinnati today to speak with an experienced medical malpractice attorney.