August 11, 2020

Volume X, Number 224

August 11, 2020

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August 10, 2020

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What is a Healthcare Provider’s Duty of Care?

In a medical malpractice case, the injured patient, otherwise referred to as the plaintiff, must first establish that a healthcare provider owed a legal duty to the patient. All healthcare providers, whether they are physicians, nurses, therapists, etc., owe a duty of care to the patient.

The plaintiff must also establish what the appropriate level of care was under the circumstances. Failure to meet this appropriate level of care is ultimately what leads to the healthcare provider’s alleged medical negligence.

The first step in proving that a healthcare provider owed a legal duty of care to a patient is to demonstrate that there was a relationship between the healthcare provider and the patient at the time the alleged malpractice occurred. The relationship is one that is voluntary and entered into by mutual agreement. Typically, the way to support the finding that the healthcare provider-patient relationship existed at the time of the malpractice is with evidence from the patient’s medical records.

Additionally, testimony can be used to prove this relationship, by showing that the patient chose to be treated by the particular healthcare provider; that the patient submitted to examinations for the purpose of treatment of a certain health problem or condition; and that the treatment by the healthcare provider was ongoing.

A healthcare provider must prove that they used the degree of care and skill of the average healthcare provider with a similar specialty practice, taking into account the medical knowledge that is available to the provider at the time the alleged malpractice took place. For example, for a physician, the standard of care is based on what the average physician, who practices in that area of medicine (orthopedics, gynecology, etc), would customarily or typically do in similar circumstances. The standard of care is the first element of a medical malpractice claim.

COPYRIGHT © 2020, STARK & STARKNational Law Review, Volume V, Number 292


About this Author

Edward Shensky, Personal Injury Attorney, Stark Law Firm

Edward S. Shensky is a Shareholder and member of Stark & Stark’s Accident and Personal Injury Group. Mr. Shensky focuses his practice on complex injury, medical negligence and construction accident claims.

Mr. Shensky is a member of the Pennsylvania Association for Justice and is active in the Pennsylvania Bar Association and the American Association for Justice. Mr. Shensky graduated from Temple University Law School in 1978 and is admitted to practice in the United States District courts for the Eastern and Middle Districts of Pennsylvania.