Futterman, Sirotkin And Seinfeld, LLP
Futterman, Sirotkin And Seinfeld, LLP

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What is duty of care?

On Behalf of | Dec 18, 2018 | Failure to Diagnose |

When you go to see a doctor in New York, you have the right to expect that doctor to take care of you properly. If he or she does not, it could impact your health. A great example is when a doctor misses the symptoms and signs that you have a condition and fails to diagnose it. The responsibility of your doctor to provide adequate care, according to The National Law Review, is duty of care.

Duty of care relies on a couple things. First, you have to show that you had an established doctor and patient relationship. This is usually fairly easy. If you saw the doctor in any formal capacity, you will have a paperwork trail that shows there was a relationship there.

The second thing is a little trickier. You have to prove the doctor did not provide you with a proper level of care. This is basically where you must prove negligence. You have to show the doctor did not do what an average doctor would have done. You have to show your doctor failed to take common steps to diagnose you. This is not about skill as much as about doing everything possible that the average doctor would do.

When a doctor does not give you the proper duty of care, you have a right to seek damages. Dropping the ball, so to speak, in a medical situation can lead to serious consequences for you, so you cannot take it lightly. This information is for education and is not legal advice.