What is the first step in establishing liability in a healthcare setting?

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In a healthcare setting, the first step in establishing liability is the creation of a working relationship between the provider and the patient. This relationship is fundamental as it underpins the legal obligations that arise in a healthcare context. When a provider agrees to treat a patient, they assume certain duties of care and responsibility, which include providing appropriate treatment and communicating effectively.

Without this established relationship, it can be challenging to demonstrate that a provider had a legal duty toward the patient, which is a critical element in proving liability in cases of medical malpractice or negligence. The existence of a working relationship sets the stage for any claims or issues that may arise later, as it defines the necessary interactions and expectations between the healthcare provider and the patient.

Other choices focus on steps that might happen later or are more procedural in nature. For example, while a patient filing a complaint is part of initiating a legal action, it presupposes that a relationship has already been established. Similarly, making a formal request for information or conducting an audit of records may be steps taken after a relationship is established, especially during the investigation phase of a complaint or potential liability issue.

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