As soon as a doctor agrees to see a patient, they owe them a duty of care. This is something that is taken very seriously in medicine and law.
Generally, doctors provide a reasonable standard of care and abide by their duty of care, but that isn’t always the case. The duty of care is a broad concept, so it can help to narrow it down. What exactly is the duty of care?
1. The duty to investigate symptoms
Investigating symptoms is the starting point of making a diagnosis. There are various ways that this can be done. Medical tests and evaluations can help, but simpler methods, such as listening to the patient are also useful. Studies suggest that doctors are not always great at listening to patients. If they fail to do this, then they may have breached their duty of care.
2. The duty to diagnose properly
Once the doctor has assessed symptoms and the patient’s history, they have a duty to make an accurate diagnosis. This is an essential part of medical treatment, as a delayed or incorrect diagnosis can put the patient at risk. Misdiagnosis may also be a breach of duty of care if the doctor’s conduct falls below a reasonable standard.
One thing that is important to note is a doctor’s duty to refer the patient to someone else. If a doctor ever feels out of their depth, they should refer the patient to someone with more knowledge.
3. The duty to provide treatment
Once a diagnosis has been made, the doctor then has a duty to prescribe a course of treatment. This could be medication, surgery, physiotherapy or any other form of treatment that should help. Prescribing the wrong type of treatment or medication is a potential breach of duty of care.
Treatment often doesn’t end once the patient leaves the medical facility. Doctors also have a duty to offer follow-up appointments, if necessary, or to refer a patients to specialists that can treat their condition.
If your doctor has let you down, personal injury compensation may be a possibility. Legal guidance can help you find out more about medical malpractice claims.