Breach of Duty of Care Explained, Everything You Ought to Know

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A breach of duty of care occurs when a professional fails to fulfill his or her duty of care. There are a variety of different situations in which one party owes duty care to another. As such, there are a variety of cases in which such a duty is breached. Generally, if a party does not act in a reasonable manner to prevent foreseeable injuries to others, then the duty of care is breached. It is a question of fact for the jury to decide on whether or not there was a breach of duty of care. Let us delve in deeper into what you ought to know about breach of duty of care in a medical context.

Medical negligence

A healthcare professional may be liable for breach of duty of care due to medical negligence or malpractice. Medical negligence occurs when a medical professional fails to provide an acceptable standard of care. If you suspect that result you or your loved one has sustained an injury or illness due to substandard care then you have the right to sue. Some examples of common medical negligence cases that point to a breach of duty care include:

  • Injuries during birth
  • Being mistreated in a care home
  • Surgical errors
  • Laser eye surgery complications among others 

Proving breach of duty of care

For you to file a successful claim, it’s crucial to understand how to prove medical negligence. Your case must be built on evidence thus it is recommended that you prove what happened to you was a mistake from the medical professional and that you suffered an injury as a result of the mistake.

You could use the following documents to prove a case of medical negligence:

  • Medical records including x-rays and ultrasounds
  • Photographs 
  • Reports from medical experts
  • Witness statements 

You also need to get a second opinion from a medical professional to prove that the suspect medical professional ought to have delivered acceptable levels of care. It is also important to understand that winning a medical malpractice claim takes a lot of legal effort. 

It is advisable to seek help from a medical negligence attorney to help you handle evidence and file your claim. You should hire the best malpractice lawyers with a track record of handling similar cases. This is critical in protecting your rights and getting the justice you deserve. 

Time limits in filing a medical Done Negligence claim 

You should also know that there are time limits within which you have to file a medical negligence claim. They vary depending on the law in different places. It is thus important to speak to an attorney immediately to start the process of fighting for your rights. 

The duration of your medical malpractice claim will also vary depending on several factors that include: 

  • The complexity of your case
  • The injury you sustained
  • The cooperation of the defendant
  • The proactivity of your legal team 

Final word

Breach of duty of care can occur and affect you directly or indirectly by hurting your loved ones. Don’t let medical negligence be the source of your pain and suffering. You need to act fast and speak to a medical malpractice lawyer to help you fight for your rights!