When discussing medical malpractice, most people think of a person harmed by a doctor’s negligent actions. While that is true, when a medical malpractice case goes to court, the doctor’s actions are judged based on a “standard of care,” a specific term with a special meaning.
Standard of care
This is defined as the level of care and skill that a reasonably competent medical professional with a similar background and in the same medical community would provide if they were in similar circumstances.
In medical malpractice cases, the court looks at the following when determining the standard of care:
- the kind of medical practice
- specific circumstances of the case
- the prevailing practices in that medical community
- what a competent doctor would have done in a similar case
The standard of care is not a written rule but a series of factors that can vary in each case. For example, a primary care doctor’s standard of care may differ from a surgeon’s.
Expert witnesses
In many cases, courts use expert witnesses to determine if a doctor fell short of the standard of care expected of them when treating patients. These experts are typically highly experienced in the same field as the doctor and are trained in the same area of medicine within the same community.
Purpose of standard of care
The standard of care is meant to help determine whether a doctor provided the appropriate level and type of care. If a doctor fails to do so and a patient is injured, the doctor could be charged with negligence.
Importance of the standard
Understanding the standard of care in a specific community is critical for anyone involved in a medical malpractice case. An attorney experienced in similar cases can provide legal guidance in this complex area of law.
By knowing the standard of care and showing how a doctor breached that obligation, your attorney can work to obtain compensation for the injury you suffered.
