Duty of Care
A legal and ethical obligation that healthcare providers owe patients to take reasonable steps to avoid causing harm.
A legal and ethical obligation that healthcare providers owe patients to take reasonable steps to avoid causing harm.
Also known as
standard of care, medical duty
Why travellers need to know
Medical duty of care exists in all countries, but the standard varies. In countries with underfunded public healthcare or unregulated private clinics, the practical standard may fall short of what travellers expect.
Real-world example
A Swedish traveller sees a private GP in Thailand for chest pain. The GP dismisses it as anxiety without an ECG and sends her home. She has a heart attack four hours later. Her family's solicitor argues the GP breached their duty of care by failing to order basic cardiac investigations for a 48-year-old with chest pain.
Country-specific notes
🇹🇭 Thailand
Thailand's Medical Council sets practice standards but enforcement is inconsistent
Major private hospitals in Bangkok apply internationally comparable standards. Smaller private clinics and rural public hospitals have more variable standards. Complaints can be filed with the Medical Council of Thailand.
For anything other than minor ailments, seek treatment at JCI-accredited hospitals — they are held to consistent international standards.
🇬🇧 United Kingdom
The Bolam test defines UK medical standard of care
A UK doctor meets their duty if they act in accordance with a responsible body of medical practitioners. The more recent Bolitho case added that the practice must also be logical and defensible.
Complaints about NHS care go to the Parliamentary and Health Service Ombudsman. Private care complaints go to the Independent Sector Complaints Adjudication Service.
🇺🇸 United States
US standard of care is defined by what a reasonable physician would do in similar circumstances
US duty of care law allows malpractice claims when a provider deviates from the standard. The US has the highest malpractice litigation rates globally, which partly drives defensive medicine practices.
If you suspect substandard care in the US, consult a medical malpractice attorney — most offer free initial consultations.
Frequently asked questions
What can I do if I think a foreign provider breached their duty of care?
Options include: filing a complaint with the national medical regulator, contacting your insurer (who may have legal assistance cover), and consulting a local lawyer. Realistically, litigation in foreign jurisdictions is slow, expensive, and uncertain. Document everything — notes, receipts, communications — while still abroad.
Does duty of care apply at walk-in clinics and urgent care centres?
Yes. Duty of care applies whenever a clinical relationship is established — including walk-in centres, telemedicine consultations, and pharmacy-based clinics. The moment a provider assesses and advises you, a duty exists.
Keep a timestamped record of every consultation in Nomedic — documentation that matters if something goes wrong.