The existence of a doctor-patient relationship is an example of which concept?

• A. Duty
• B. Contract
• C. Tort
• D. Fiduciary duty

Answer: (A)

A doctor-patient relationship creates a duty of care owed by the physician to the patient. When a physician agrees to diagnose or treat and the patient reasonably relies on that care, the physician must meet the applicable standard of care. This obligation stands independent of any formal contract, though a contract or implied agreement can exist in some situations; the fundamental legal obligation is the duty to exercise professional care. If that duty is breached and harm results, a tort claim for negligence may arise. Fiduciary duty is related in that trust and confidentiality are important, but the essential concept illustrated by the relationship is the duty of care.