A medical malpractice case in Kansas City, Missouri, or anywhere else in the U.S., may stem from a surgical error, misdiagnosis or general medical negligence. However, there are laws that govern medical malpractice cases. These laws vary from state to state, as well as from case to case. There are statutes that limit the ability of an individual to sue for medical malpractice, while there are provisions that also set a time limit for filing such actions. However, every state has a common requirement for medical malpractice cases, which is the doctor's duty of care.
A doctor's duty of care means that a physician owes a duty of care to patients before performing any necessary medical services or treatment. This requirement establishes the doctor-patient relationship, holding doctors legally responsible for any error or mistakes. For example, if a patient visits a physician for medical treatment, the doctor should guarantee that every treatment or examination conducted on the patient is safe and accurate. However, establishing a doctor's duty of care in incidents of medical error is not always easy.