Duty of Care
To attend
If a patient-doctor relationship exists:
- A physician is held liable for failing to carry out the duty to attend if the failure leads to injury of the patient.
- If it appears that a patient has been injured because a physician did not attend, the reference will be made to the relevant standard of care applicable in the circumstances.
- The court will consider
- the urgency of the request
- the nature of the condition
- alternatives available
- other physician commitments at that time.
Edmison v Boyd (1985) 62 AR 1 18 (Alta QB);
In this Alberta case, an obstetrician was caring for a woman who had a high risk pregnancy. She went into labour and was told by the obstetrician's office to go to the hospital. Later that afternoon (3.45 pm) he was called by the hospital (his office was just across the road) that she was agitated and her cervix was 3cms dilated. At 4.10 pm he was called again by an intern to advise him that the patient was in early labour and that she was very distressed. At 4.17 pm the fetal heart stopped. The obstetrician was called immediately and he arrived at 4.30pm. He delivered the baby. The umbilical cord had become wrapped around the baby's neck. The baby did survive but was born with quadraplegia as a result of the asphyxia.
The court ruled that because he knew that the pregnancy was high risk, it was not reasonable for him to rely on the care provided by the intern and the hospital staff and to delay attending the patient.
