In a physician-patient relationship, what constitutes duty of care, and when can a duty be found even without a formal contract?

• A. Only through express contract.
• B. Duty is only established after a written agreement.
• C. Duty never exists without consent.
• D. A duty can arise from professional relationship, clinical engagement, or hospital affiliation even without a formal contract.

Answer: (D)

Duty of care in medicine comes from the physician–patient relationship, not from a contract alone. This relationship can be created through actual clinical engagement: the physician agrees to diagnose, treat, or advise, and the patient accepts care. It can also arise from a hospital or clinic setting, where the physician’s services are provided to a patient within that institution, even if there’s no formal written or signed contract. Once that professional relationship exists, the physician owes the patient the standard of care expected of reasonably competent professionals in similar circumstances. Consent is important for permission to perform specific treatments, but it isn’t the sole basis for creating the duty itself. So, duty can be found through ongoing clinical involvement or hospital affiliation without a formal contract, and breaches of that duty can lead to liability if harm results.