What must a healthcare provider establish to avoid liability in malpractice claims?

To avoid liability in malpractice claims, a healthcare provider must establish a relationship with the patient, often referred to as a physician-patient relationship. This relationship serves as the foundation for providing care and outlines the legal duty of the provider toward the patient.

The existence of this relationship creates an obligation for the healthcare provider to deliver care that meets the accepted standard within the medical community. If a provider fails to establish this relationship, they might not be held accountable for malpractice, as there’s no legal duty recognized by the law to care for an individual unless that relationship exists. Without it, even if a healthcare professional made an error in judgment or procedure, there would be no direct link to impose liability since the professional obligation to act in the patient's best interests wouldn't be applicable.

While a signed consent document, insurance coverage, and proof of certification are all important facets of healthcare practice, they do not by themselves negate liability in a malpractice claim if the core relationship that defines the provider's duty to the patient is absent.