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How to Prove Breach of Duty


Every doctor or health care provider owes a patient a “duty of care” to provide the appropriate medical treatment for an injury or illness. If a patient suffers further injury or illness due to medical malpractice or negligence, then he/she must prove that the medical professional breached their duty of care. 

The Medical Duty of All Doctors 

Doctors are obligated to use their education and skills to provide competent care to patients and not cause any additional injury. Such care must uphold the accepted medical standard of care. 

When a doctor or medical professional’s care falls below the accepted standards, such conduct is considered medical negligence. Essentially, a doctor must treat a patient using the same degree of care that a health care provider in the same position would provide under the same circumstances. 

Proving Breach of Duty 

You must prove that a duty of care was breached to have a valid medical malpractice claim. With the help of an experienced attorney, you must determine if certain elements exist. 

First, you need to establish that there was a doctor-patient relationship between you and the physician. This means that the doctor agreed to provide you with medical treatment and inform you of any of the inherent risks involved in your procedure. 

Then you must show that the doctor’s conduct fell below the accepted medical standard of care. As we mentioned before, this means the doctor’s treatment or medical decisions—or lack thereof—was not in line with how a similarly trained physician would have acted under similar circumstances. 

You must provide specific details about how the doctor failed to inform you about certain risks that could have prevented you from injury. Additionally, your lawyer may hire an expert witness who can explain how the doctor deviated from the accepted standard of care and how such a violation harmed you. 

If you or a loved one has been injured due to medical malpractice in Weston, FL, contact Rash Mueller today at (954) 914-7116 and schedule an initial consultation. Get a legal team with more than 40 years of collective legal experience on your side! 

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