The Difference Between “Breach of Care” and “Duty of Care”

Published on Aug 14, 2020 at 10:15 am in Personal Injury.
The Difference Between “Breach of Care” and “Duty of Care”

When you’ve been injured because of someone else’s negligence, you can file a personal injury claim to seek compensation. To have the best chances of getting the compensation you deserve, hiring representation can help you build a strong case that shows the other party was responsible for your injuries. If you or a loved one is seeking representation, a Biloxi personal injury lawyer from Corban Gunn, Attorney at Law can help you get the justice you deserve.

As your lawyer is gathering evidence for your case, they will need to show how the other party acted negligently. The terms breach of care or duty of care may apply to your case. Let’s go over what those terms mean.

The Meanings of Breach of Care and Duty of Care

Negligence occurs when someone fails to behave with the level of care that most people would have exhibited in the same situation.

When there’s been a breach of care, it could be expanded to a breach of the standard of care. Those who need to meet the standard of care include doctors, nurses, surgeons, and many other kinds of medical professionals. The standard of care refers to how other medical professionals trained in a similar background would have treated the patient. If a medical professional breaches the standard of care, then their patient could suffer drastic injuries. The following health complications could occur if the standard of care is breached:

  • Adverse Medication Reactions. If the patient is given medication that they’re allergic to or reacts to another medication they’re taking, then they could suffer from a bad reaction to the medicine.
  • Surgical Injuries. A negligent surgeon could perforate an organ, leave tools behind in the patient, or perform the wrong surgery. The patient could possibly have an injury that causes disability and may need to undergo further corrective surgeries.
  • Misdiagnosis. A doctor who incorrectly diagnoses you could allow your condition to progress and worsen, and you may deal with side effects from the treatment for the ailment they think you have.

It takes a skilled lawyer to show that a medical professional breached the standard of care. Most cases typically require expert testimony from another medical professional to explain how the defendant’s actions didn’t fit the standard of care and their actions led to your injuries.

While medical malpractice cases can be complex, Corban Gunn, Attorney at Law is ready to fight for you. We’ll do everything we can to get you justice.

Another term you may have heard is duty of care. When someone is expected to show a level of care, it can be referred to as a duty of care. An example of a situation where a duty of care is owed is when you’re driving your car. You, and the other drivers on the road, owe a duty of care to the other motorists that you’re going to obey the rules of the road. When everyone follows the rules, it drastically reduces the chances of an accident occurring.

If you’re filing a car accident claim, our lawyers will look into the police report, witness statements, and evidence from the scene to find out how the other driver failed to meet the duty of care. They could have been on their cell phone while driving, intoxicated, or speeding. Then, we’ll go over what the accident cost you in damages and can begin fighting for you to recover full and fair compensation.

When you’re dealing with a personal injury claim, you may find that you hear or come across terms used in your case that could be confusing or something you’d like to understand more. Our lawyers value keeping our clients well-informed and up to date about their case. If there are ever any questions on your end, we’re ready to answer them so you can feel more confident in your case.

Have You Been Injured in Mississippi?

After you’ve been in an accident that resulted in injuries and damages that wasn’t your fault, you may feel uncertain about the future. When you’re unable to work and the medical expenses come in on top of your other financial responsibilities, it’s easy to feel overwhelmed by your situation. Corban Gunn, Attorney at Law is here to help you get back on your feet.

We’ll show that you weren’t responsible for the accident and the burden of paying for the injuries and damages shouldn’t be on you. To start the legal process, get in touch with our office today.



If you can’t call us, fill out the form below. Our initial case evaluations for personal injury cases are always free. No strings attached.