Final answer:
The duty to treat under common law arises only in certain circumstances, such as for emergency room doctors under EMTALA. In other situations, such as private practices, the duty to treat may not exist unless established through a consensual relationship. The correct answer to the question is C) Only in certain circumstances.
Step-by-step explanation:
The question of whether medical need creates a duty to treat under common law does not have a straightforward answer. Generally, the duty to treat is not an absolute mandate under common law. However, there are certain circumstances where this duty can be established, such as in the case of emergency room doctors working in hospitals that receive federal funding and therefore must adhere to the Emergency Medical Treatment and Active Labor Act (EMTALA), which requires them to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status, or ability to pay.
In other situations, such as a private physician's practice, the doctor may not have a legal obligation to treat every patient. Moreover, the relationship between a patient and a physician is consensual, typically requiring an agreement for treatment to take place. However, once a physician has agreed to treat a patient, they may have a duty to continue the provision of appropriate care.
Therefore, the correct answer to the question is C) Only in certain circumstances. The duty to treat is not purely based on medical need, nor is it solely dependent on a physician's preferences; it is shaped by legal, ethical, and contractual obligations that vary depending on the context.