Who has a duty of care to a patient who suffered from a medical error?
Health care providers and health care facilities can be held legally responsible for breaching their duty of care for a patient.
Health care providers and health care facilities can be held legally responsible for breaching their duty of care for a patient.
Typically, the parties to the case (the plaintiff and the defendant physician) will give their testimony (i.e., their side of the story as to what happened). In addition, the great majority of medical malpractice cases require the testimony of expert witnesses. These witnesses are physicians or other health care providers who will give testimony as to whether the health care provider being sued complied with what is known as the “standard of care.” The standard of care essentially is defined as what a reasonably prudent practitioner would do in similar circumstances. These expert witnesses are extremely critical in explaining to and educating a jury as to the medicine involved in the case and whether the defendant was negligent in providing the health care services at issue in the trial.
Any health care provider who has direct responsibility for treating a patient, as well as that provider’s employer, may be found liable for committing medical malpractice.
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You can file a medical malpractice claim in Virginia when a health care provider or health care facility fails to meet its standard of care due to you as its patient, you suffer an identifiable harm as a result of that failure to meet the standard of care and violating the standard of care constitutes an act of negligence.