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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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West Virginia Medical Malpractice Issues: Physician’s Duty of Care

In the event of medical injury, there is a special relationship between doctor and patient. This is often referred to as a "physician's duty of care." This relationship is made up of 3 parts: trust, confidence and good faith. If you or a loved one has been a victim of that duty being breached, you may be a victim of West Virginia medical malpractice. Contact a Bridgeport medical malpractice attorney for a consultation and advice.

It is important to note that while a breach of duty may be considered West Virginia medical malpractice, not every act of malpractice will warrant legal action or the filing of a claim. Furthermore, no Bridgeport medical malpractice attorney can guarantee you compensation or your desired results.

Physician Duty to Inform

Throughout the physician-patient relationship, a physician has a major duty of fully informing a patient of all aspects of his or her diagnosis. If the patient has another individual acting on his or her behalf, this duty would transfer to them. This duty is kept in place to ensure that a patient can make informed decisions about his or her treatment and be aware of all potential risks in choosing a course of action.

If during the treatment process a physician discovers that another physician or specialist would be better suited and able to fully care for the patient, he or she must refer and inform the patient of their need for different treatment.

If a physician fails to follow this duty, he or she will be considered negligent,
and this fact will be used against them in the event of a medical malpractice claim.

Physician Duty of Continued Care and Diligence

A physician is obligated to continue caring for and treating a patient until the process is complete
. The only way around this duty is if there is a mutual agreement to end the relationship. A patient may dismiss a physician or a physician may withdraw from a case if the patient is given ample notice.

 

Particularly after surgery or other dangerous treatment, a physician holds a duty to protect the patient from common or reasonably anticipated complications that vary from case to case.

If the physical presence of a physician is no longer required, and the patient is released from the hospital, a physician must keep in contact with a patient if the recovery and treatment process continues. Arrangements must be made to keep in contact via phone until full recovery is made as a precaution.

Contact a Bridgeport Medical Malpractice Attorney

If you have been harmed because of somebody else's negligence, don't hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - 1-304-326-1800.

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