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How does a Virginia medical malpractice attorney prove that a duty of care exists?

Types of evidence that show the existence of a health provider’s or health care facility’s duty of care to a patient include

  • Patient records generated by the provider and kept by the facility
  • Bills issued to the patient
  • Prescription orders issued by the provider
  • Insurance claims that name the provider or facility
  • Procedural notes kept by the provider

These kinds of paperwork, even when they are all digital, establish the existence of a relationship between a patient and a provider or facility. Once such a relationship exists, the provider or facility has a duty of care.


Richard N. Shapiro
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia