Which of the following is an element of liability?

• A. Informed consent
• B. Confidentiality
• C. Proximate cause
• D. Duty to use due care

Answer: (D)

The key idea being tested is the duty to use due care as the foundation for liability. In healthcare, liability exists only if a professional owes a duty to the patient to provide care according to a reasonable standard. If there is no duty, there can be no breach and no liability, even if something goes wrong. The duty is the obligation to act competently and to protect the patient’s safety. Informed consent and confidentiality are crucial ethical and legal responsibilities, but they describe rights and protections for the patient, not the foundational element that makes liability arise. Proximate cause relates to linking a breach of duty to actual harm, which is important for proving negligence, but the essential starting point is the duty to exercise due care. Therefore, the duty to use due care is the correct element that underpins liability.