If something went wrong during your NHS treatment, you may have heard the phrase “duty of care.” But what does it actually mean, and how does it connect to clinical negligence? Duty of care is the foundation of every negligence claim, and understanding it can help you recognise when your treatment may have fallen below the standard expected.
What Is Duty of Care?
Duty of care is the legal and ethical obligation placed on healthcare professionals to protect their patients’ safety and wellbeing. Every NHS doctor, nurse, and healthcare worker must meet an accepted standard of care, acting with skill and responsibility in line with professional guidance.
When this duty is met, patients can expect accurate diagnoses, proper treatment, appropriate follow-up, and the information needed to make informed choices. When it is not met, the patient may have grounds for a clinical negligence claim.
Duty of Care and Clinical Negligence
To prove negligence in law, four key elements must be established. The first is the existence of a duty of care. The next steps are to show:
- The duty was breached – the standard of care fell below what would be expected of a reasonably competent professional.
- The breach caused harm – the error or omission directly resulted in injury, deterioration, or complications.
- The patient suffered damage – whether physical, emotional, or financial, as a result of the breach.
In short, negligence arises when a healthcare provider fails to meet their duty of care and that failure directly causes avoidable harm.
Examples of Breaches of Duty
There are many situations where duty of care may not be met, including:
- Delayed diagnosis: A failure to recognise symptoms or investigate promptly, leading to a condition becoming more serious.
- Surgical errors: Mistakes during surgery such as operating on the wrong site or leaving instruments behind.
- Medication errors: Prescribing the wrong drug or dose, or failing to check for allergies or interactions.
- Lack of informed consent: Not explaining the risks, benefits, or alternatives of treatment, leaving the patient unable to make a proper choice.
These examples highlight how breaches of duty can cause significant harm to patients.
Why Duty of Care Matters to NHS Patients
For NHS patients, understanding duty of care is key to knowing your rights. You are entitled to treatment that meets a reasonable standard of skill and care. If this is not delivered, the failure is not simply unfortunate, it may amount to negligence in law.
Being aware of the principle helps patients identify when something has gone wrong and when further action might be justified.
What To Do If You Suspect a Breach of Duty
If you believe your care did not meet the required standard, you may want to take the following steps:
- Request your medical records – these provide a detailed account of your treatment and can reveal gaps or errors.
- Seek a second opinion – another clinician can advise whether your care was appropriate.
- Take legal advice – a solicitor specialising in clinical negligence can explain whether the issues you experienced amount to a potential claim.
Conclusion
Duty of care is central to every clinical negligence claim. It sets the standard that NHS professionals must meet, and where that standard falls short, patients may suffer harm. Recognising how duty of care operates gives patients the tools to understand their rights and to take steps if they suspect their treatment was negligent.
Samuel nurse
Clinical Negligence Paralegal
Samuel Nurse is a clinical negligence paralegal progressing his legal career through the CILEX route. In his role he focuses on developing a strong understanding of complex medical issues, applying analytical skills and attention to detail to support the progression of claims. His earlier experience at a nursing expert witness company gave him valuable exposure to clinical negligence work and the importance of expert evidence in litigation, which now informs his approach as a paralegal.
