• Skip to content
  • Skip to primary sidebar

Morgantown, WV Personal Injury Lawyers

Hamstead, Williams & Shook

  • About the Firm
  • Attorneys
  • Practice Areas
    • Personal Injury
      • Negligence
      • Toxic Torts
      • Personal Injury Damages
      • Factors Affecting Damages Awards
    • Auto Accidents
      • Accident Law Overview
      • Auto Accident Causes
      • Automobile Damage FAQ
      • Auto Insurance Coverage
      • Auto Accident Injury Data
      • Passenger Injuries
      • Pedestrian Injuries
      • What To Do After An Auto Accident
      • Morgantown Attorney for Seatbelt Issues
      • Auto Accident Fatality Charts
    • Truck Accidents
      • Large Truck Accident Data
    • Brain Injury
      • TBI Data
      • Experts Involved In Treating And Proving TBI
      • Indications of TBI
      • Proving Traumatic Brain Injury
    • Spinal Cord Injury
      • Damages In SCI Cases
      • Effects of Spinal Chord Injury
      • Preventing Spinal Cord Injuries
    • Insurance Bad Faith
      • Bad Faith: Insurance Adjusters
    • Nursing Home Abuse
      • Nursing Home Checklist
      • Government Regulation of Nursing Homes
      • Jury Verdicts / Settlements in Nursing Home Cases Around the Country
    • Dog Bite Injury
      • Dog Bites
      • Dog Bite Injury Data
      • Preventing Dog Bites
    • Drunk Drivers
      • Drunk Driving Data
      • Drunk Driving FAQ
      • Blood Alcohol Levels
    • Bus Accidents
      • School Bus Accidents
      • Bus Accident Charts
    • Slip & Fall
      • Property Owner’s Duty
      • What To Do If You Slip And Fall
    • Wrongful Death
      • Damages For Wrongful Death
      • Defenses In A Wrongful Death Suit
      • Death In The Workplace
    • Medical Malpractice
      • Causation
      • Types of Damages
      • Delayed Cancer Diagnosis
      • Establishing A Duty of Medical Care
      • Hospital Liability
      • Informed Consent
      • Types of Malpractice
      • Surgical Complications Indicating Possible Malpractice
    • Workplace Injuries
      • Deliberate Intention
    • Labor and Employment
    • Defective Products
      • What Is Product Liability?
      • Types of Product Defects
      • Defenses to Products Liability Claims
      • Our Strategy in Product Liability Cases
      • Statute of Limitations for Product Liability
    • Social Security Disability
    • Insurance Claims
    • Litigation
    • Motorcycle and Bicycle Accidents
      • Motorcycle Accidents
      • Motorcycle Accident Charts
      • Tips For Preventing Motorcycle Injuries
  • Cases
    • Personal Injury – Motor Vehicle
    • Personal Injury – MOTORCYCLE
    • Personal Injury – PREMISES LIABILITY
    • Personal Injury – DEFECTIVE PRODUCTS
    • Wrongful Death – MOTOR VEHICLE
    • Wrongful Death – DEFECTIVE PRODUCTS
    • Medical Malpractice
    • Employment Termination
  • Legal FAQ
  • Contact
  • Blog

Establishing A Duty of Medical Care

Doctors are not automatically required to treat or provide care to everyone they meet. In order for there to be a duty of a doctor or other medical professional to provide care to a patient, there must generally exist some for of voluntary agreement between the doctor and the patient. The agreement itself will establish the doctor-patient relationship, and from that point forward the doctor has a duty of care to the patient. Under certain circumstances, however, a doctor may have an obligation to provide treatment even if there is no actual voluntary agreement. In cases where a person is not conscious, a doctor-patient relationship is formed where family members of the patient retain the doctor’s services. In addition, among other exceptions, hospitals accepting certain kinds of federal funds may be required to provide care to indigent patients under certain circumstances, and hospital emergency rooms may be required to provide care to anyone coming in with a life-threatening condition.

Doctor-Patient Confidentiality

Every doctor-patient relationship carries with it a duty on the part of the doctor or other health provider to keep patient information private and refrain from disclosing it to third parties without your consent. A doctor or medical professional who breaches this duty by disclosing confidential information, including your medical records, may be liable to you for damages for any injury (including embarrassment) you suffer from the disclosure. The duty of confidentiality may not be broken absent authorization from you to release your records to a designated third party.

There are a number of exceptions to this rule whereby a health care provider can release your records without liability. Among these are the following common scenarios:

  • Health insurance companies normally require patients to waive the right to confidentiality of information when submitting a claim for medical coverage.
  • If a patient sues a medical professional for malpractice, the patient’s medical records and information may be released and used in connection with any litigation.
  • In certain situations, medical professionals are required to report certain kinds of patient information to authorities, such as certain communicable viruses or diseases.
  • Doctors generally must report suspected incidents involving evidence of child abuse or gunshot wounds.

 

Related Content

 

  • Causation
  • Damages
  • Delayed Cancer Diagnosis
  • Establishing a Duty of Medical Care

 

  • Hopsital Liability
  • Informed Consent
  • Types of Malpractice
  • Surgical Complications Indicating Possible Malpractice

 

In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the Statute of Limitations. If you or a loved one is a victim of personal injuries, call Hamstead, Williams & Shook P.L.L.C. now at 888 – 298 – 2529. The initial consultation is free of charge, and if we agree to accept your case, we will work on a Contingent Fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. 

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use. 

Primary Sidebar

Recent Posts

  • Don’t Worry About Your Case Right Now
  • Daylight Savings Time Creates Increased Risk To Drivers
  • Qui Tam Relators and the False Claims Act

Contact Hamstead, Williams & Shook

  • Buckle Your Baby For Life
  • Auto Accident App
  • Video Library
  • Intentional Torts
  • Contingency Fees
  • Terms and Conditions of Use
  • Statute of Limitations
  • State Resources

Copyright © 2021 · Infinity Pro on Genesis Framework · WordPress · Log in