Trust is not something we give to everyone we meet. In fact, there are
two main types of people in our lives that we trust. One group of
individuals we trust because of the special relationship we have with
them, like a spouse, children, parents, and close friends. We have
confidence in these individuals because we have known very well. Then,
there are those individuals we trust not because we know them, but
because they have expertise in an area that we do not. Doctors and
attorneys, for example, both would fall into this category.
What duty of care does a doctor owe a patient?
A doctor-patient relationship is a special and complex type of
relationship. A patient puts his or her faith in a physician and in
turn the physician is under a duty to provide a certain level of care.
This standard of care, also known as the “duty of care,” is the
standard that all doctors and healthcare professionals are required to
follow when dealing with patients. For example, when a patient meets
with his or her doctor, there is an expectation that the doctor will
provide the patient with helpful medical advice, the same or better
than the average doctor.
What happens when a doctor’s care falls below the level of an average doctor?
If a doctor fails to meet the duty of care and the patient is harmed,
then the doctor may have committed malpractice. To have a successful
malpractice lawsuit, a plaintiff must prove the following four things:
(1) doctor had a duty of care to the patient, (2) doctor failed in
that duty, (3) patient was harmed as result of the doctor’s failure,
and (4) patient suffered loss or damages as a result.
How is “duty of care” established?
As part of a medical malpractice case, the plaintiff must prove that
the doctor owed the patient a duty of care. A doctor’s duty of care
begins as soon as a person becomes a doctor’s patient. In other words,
the attorney needs to show that the injured party was a patient of the
doctor. Put another way; a doctor does not owe a duty to a person that
is not his or her patient. For example, Alice and Betty are discussing
Alice’s recent appointment with Dr. C. where he advised Alice to take
a certain over the counter medicine for her cold symptoms. A few weeks
later, Betty comes down with similar symptoms as Alice, and
remembering Dr. C’s advice to Alice, takes the same medicine. However,
after taking the medicine, Betty becomes quite ill and is
hospitalized. Betty later learns that the reason she fell ill was that
the medication she took interacted with a prescription medication she
was taking. In this example, Dr. C does not owe Betty a duty of care,
because Betty was not his patient. Even if Betty becomes a patient of
Dr. C’s after the incident, Dr. C would still not responsible for
Betty’s injuries, because he was not her doctor at the time she was
injured.
If you believe you or a loved one suffered an injury due to medical
negligence, the law firm of Hubbard & Kurtz, L.L.P. can help. The
seasoned Kansas City Medical Malpractice Attorneys at Hubbard & Kurtz,
L.L.P. know what it takes to prove all the elements of a medical
malpractice case. Our attorneys have helped countless families, in
both Kansas and Missouri, fight to obtain just compensation. We
understand how stressful a legal case can be on a family. Trust our
team of skilled Kansas City Medical Malpractice attorneys to provide
you with considerate and compassionate service. Contact Hubbard &
Kurtz, L.L.P. today at (816) 472-4673 to schedule an initial
consultation with one of our attorneys.
