{"id":353186,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/medical-malpractice\/what-is-actionable-medical-malpractice.html"},"modified":"2023-09-29T16:43:50","modified_gmt":"2023-09-29T21:43:50","slug":"what-is-actionable-medical-malpractice","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/what-is-actionable-medical-malpractice.html","title":{"rendered":"What Is a Doctor’s Duty of Care?"},"content":{"rendered":"\n
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What Is a Doctor's Duty of Care?<\/h1>\n\n
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\n By Hanan Zaki, J.D., LL.M.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last reviewed\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A doctor\u2019s legal duty<\/span> is to provide a reasonable <\/span>standard of care<\/span> for their patients. This duty begins as soon as a doctor-patient relationship<\/span> is formed. If a doctor breaches this duty and injures the patient, the patient may sue for medical malpractice<\/span>.<\/p>\n\n <\/div>\n\n\n\n

If a doctor harms you, you may have a medical malpractice<\/span> case<\/span>. A successful claim can provide compensation to help you get treatment for your injury and cover any related losses.<\/p>\n

To win your case, you must prove each element of malpractice. The first element you must prove in a malpractice claim is that the medical professional<\/span> owed you a legal <\/span>duty<\/span> of care<\/span>.<\/p>\n

This article explains a doctor\u2019s <\/span>duty of care<\/span> under medical malpractice<\/span> law. This duty means the doctor was supposed to uphold a basic professional standard<\/span> while giving you medical attention. Many health care<\/span> providers<\/span>, such as surgeons, nurses, and dentists<\/a>, may owe this duty. Sometimes, a health care<\/span> facility can also be liable for malpractice.<\/p>\n

A doctor\u2019s responsibility toward patients may seem fairly obvious, but some cases are more complex. A medical malpractice<\/span> lawsuit<\/span> will question the doctor\u2019s specific legal obligations<\/span> and whether they failed.<\/p>\n

Consult with a personal injury<\/span> lawyer<\/a>. They can help you understand the defendant\u2019s duty of care<\/span> and the challenges you might face during your case.<\/p>\n

State Laws Shape a Provider\u2019s Duty<\/h2>\n

It\u2019s important to note that the duty of care<\/span> is a legal concept, not a medical one. In medical malpractice<\/span> law, a common claim is medical negligence<\/span> by the doctor or medical professional<\/span>. To prove negligence, a patient (or\u00a0claimant<\/a>) will need to prove duty of care<\/span>.<\/p>\n

Like general negligence claims<\/span>, medical malpractice<\/span> claims<\/span> hinge upon the following:<\/p>\n