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Doctors Have Legal Obligations To Their Patients

Legal Team

Doctors Have Legal Obligations To Their Patients

Medical malpractice cases arise when doctors fail to meet the obligation they owe to their patients. A doctors obligation to their patient should be taken seriously every time, because if duty is not met the hospital and doctor could be held liable. Duty in a medical sense is defined as a legal obligation one person owes to another person. Whether or not a doctor, hospital, or other medical professional owes a duty is for the court to determine.

In New Mexico, whether a duty is owed to a patient is determined by public policy. For most medical malpractice cases, there is no question of duty because any doctor or other healthcare professional treating the patient owes a duty to the patient. (“It is well established that ‘a doctor owes a general duty to provide competent care in treating a patient’s medical condition.’”). General Surgeons are the doctors most likely to commit medical malpractice. While actual malpractice occurring is still rare, doctors that had a claim against them were mostly older males. 1% of doctors in the medical field are connected to one-third of paid malpractice claims according to Stanford researchers.

More than 50% of claims are from doctors in internal medicine, obstetrics and gynecology, general surgery and general practice/family medicine. If doctors have had a prior malpractice claim against them it was a likely predictor that the chances of another claim would arise in the future. But not all malpractice claims are paid out. Only about 1 in 3 are and one-third of claims resulted in the death of a patient.

Medical malpractice cases can arise from all sorts of treatment given by a doctor. But what’s most important to remember is that malpractice cases are very hard to prove in court. If you think you have a case, that shouldn’t hold you back from talking to a lawyer. The best way to know if you have a case is to speak with a qualified medical malpractice lawyer today.

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