What is one sign of breaching a non-delegable duty of care in healthcare?

A non-delegable duty of care in healthcare refers to the legal obligation that a healthcare provider must uphold to ensure the safety and well-being of their patients, which cannot be transferred to another party. One key sign of breaching this duty is when care is inappropriately transferred to a third party without maintaining proper oversight or ensuring the same standard of care is provided.

This is crucial in the healthcare context because patients rely on the expertise and judgment of their healthcare providers. If a provider delegates their responsibilities to someone not adequately qualified or fails to supervise the care being provided, it undermines the duty owed to the patient. The healthcare provider remains legally responsible for any breach, even if the care is in the hands of another party.

In contrast, providing care with proper accreditation, offering consultations to all patients, and having patient consent forms signed are actions that demonstrate a commitment to due diligence and patient safety. These actions are part of fulfilling the non-delegable duty rather than breaching it.