What legal obligation may exist even when a healthcare worker is not directly treating a patient?

The concept of "duty of care" is a fundamental principle in health care law and ethics, defining the legal obligation that healthcare providers have to act in the best interests of their patients, even if they are not in a direct treatment relationship. This duty extends to any situation where a healthcare professional may foreseeably come into contact with a patient or have any influence over their care.

For example, if a healthcare worker is on the premises and observes a potentially harmful situation or is aware of a need for intervention, they have an ethical and legal duty to intervene. This duty is grounded in the broader societal expectation that healthcare workers will act to protect the health and safety of individuals, regardless of whether they are actively treating a patient at that moment.

In contrast, the standard of care refers specifically to the level of care that a reasonably competent professional in the same field would provide in similar circumstances, which might not apply if there is no direct patient interaction. Confidentiality is focused on protecting patient information, while liability pertains to the consequences of failing to meet legal obligations. Therefore, duty of care best encapsulates the ongoing responsibility to ensure the safety and wellbeing of patients, regardless of the immediate context of treatment.