The term 'duty' in healthcare malpractice refers to

• A. The duty to inform patients of risks
• B. The duty to collect fees
• C. A legal obligation to act in a prudent manner
• D. The ability to sue without proof

Answer: (C)

Duty in healthcare malpractice means a professional obligation to provide care that meets the standard of practice—acting with reasonable skill and diligence toward the patient. This legal obligation is assessed by comparing what a reasonably prudent practitioner would do in the same situation. When a provider breaches this duty by not meeting the standard of care, and that breach causes harm, a malpractice claim can arise.

Informing patients of risks relates to informed consent and is not the general definition of duty. Collecting fees is a financial/administrative obligation, not the clinical duty at issue. The notion of suing without proof is incorrect—malpractice requires proof of duty, breach, causation, and damages.