Under what circumstance might a breach of duty of care lead to liability?

A breach of duty of care leads to liability primarily when harm is proven. In the context of healthcare law, a duty of care refers to the obligation healthcare providers have to adhere to a standard of reasonable care while performing their duties. If a provider fails in this duty—by acting negligently, for example—this constitutes a breach.

However, for liability to be established, it is not enough to simply demonstrate that a breach occurred; there must also be evidence of harm resulting from that breach. This harm could be physical, emotional, or financial. Proving that harm resulted from the action (or lack of action) of the healthcare provider establishes the necessary link between the breach and the damages suffered by the patient, which is a crucial element in tort cases related to negligence. Without demonstrating that actual harm occurred, a plaintiff typically cannot succeed in a claim for negligence, even if a breach of duty is evident.

Thus, the connection between the breach and the harm is essential in establishing liability in cases involving breaches of duty of care.