What Constitutes a Breach of Duty in Medical Malpractice?

Woman in wheelchair holding her head in stress after experiencing medical malpractice When medical professionals fail to meet accepted standards of care, the consequences can be life changing. If their negligence causes harm, it may be considered a breach of duty — a key element in medical malpractice cases. 

At Johnson & Biscone, we’ve spent over 40 years fighting for Oklahomans harmed by medical negligence. Our experienced attorneys are ready to guide you through the complexities of these cases with skill and compassion.

Understanding a Breach of Duty in Medical Malpractice

A breach of duty occurs when a healthcare provider does not uphold the standard of care expected in their field. This standard reflects the level of skill, knowledge, and diligence that a competent medical professional would provide under similar circumstances.

When a provider deviates from this standard—whether through misdiagnosis, errors during treatment, or failure to take necessary precautions—and a patient suffers harm as a result, it may constitute medical malpractice.

Common Examples of Medical Negligence

Medical malpractice can take many forms, including:

  • Misdiagnosis – Failing to recognize symptoms or diagnosing the wrong condition.
  • Surgical Errors – Performing the wrong procedure, operating on the wrong body part, or leaving surgical instruments inside a patient.
  • Failure to Diagnose – Overlooking critical conditions like cancer or heart disease.
  • Medication Mistakes – Prescribing the wrong medication or incorrect dosage.
  • Birth Injuries: – Neglecting to monitor the mother or baby, leading to avoidable harm.
  • Anesthesia Errors – Administering an incorrect dosage or failing to monitor a patient properly.
  • Hospital-Acquired Infections – Unsanitary conditions leading to preventable infections.
  • Lack of Informed Consent – Performing a procedure without fully explaining the risks.
  • Delayed Treatment – Failing to provide timely care, allowing a condition to worsen unnecessarily.

Each of these errors can have devastating, long-term consequences for patients and their families.

How Johnson & Biscone Can Help

If you or a loved one has suffered due to a breach of duty, you deserve justice. At Johnson & Biscone, we provide personalized legal representation — meaning you work directly with an attorney, not just a case manager. Our team understands Oklahoma’s medical malpractice laws and is committed to fighting for the compensation you need.

Call 405-232-6490 to schedule a free case review with an experienced attorney today.

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Oklahoma City, OK

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