Standard of Care

Medical professionals owe a duty of care to those they treat. If a health care professional fails to provide the required standard of care, a can bring a successful medical malpractice claim.

In malpractice cases, when is a doctor or health care provider liable? Courts look at a doctor's actions during medical treatment to answer this. How do we measure a medical provider's duty? By the standard of care. In a negligence claim, the standard of care is a reasonable person. What would a reasonable person do under similar circumstances?

In a medical negligence case, the medical standard of care depends on other doctors. What would other doctors with the same skill level and education have done under similar circumstances?

Before, the standard of care depended on other doctors in a specific geographic location. The standard for rural doctors was more lenient than that for urban doctors. Since then, medical boards have created uniform standards for a medical specialty that are not dependent on location.

Why Is a Standard of Care Important?

Medical malpractice cases involve evaluating the standard of care. They focus on the doctor's actions and compare them with those of other doctors in similar circumstances. When a doctor's actions fail to meet the applicable standard of care, the doctor may be liable for personal injuries.

For example, suppose a doctor administers a dose exceeding the maximum dose that a reasonable health care professional would provide. The doctor can be liable for an injured patient due to medication errors.

General vs. Specialized Knowledge Standards

All doctors have a basic skill level and expertise in diagnosing and treating medical conditions. But, the standard of care between general practitioners and specialized doctors differs. They must use different standards of care.

Specialized doctors have advanced skills and training in their medical field. It would be unfair to expect general practitioners to know what a specialist would have done.

General practitioners do not have the same skills and education as specialized doctors. Also, general practitioners can't use specialized medicine as a defense.

For example, a general practitioner incorrectly performs CPR on a heart attack patient. The patient dies as a result of the sub-standard care. The doctor can't claim they are not liable because they are not a specialist in cardiovascular health.

Some state laws require a medical expert witness to testify about the required level of care. They can explain what a general practitioner should have done under similar circumstances.

A medical expert can't compare a general practitioner's actions to those of a specialist. A specialist has more advanced skills and training than a general practitioner. The law generally does not hold a general practitioner to the standard of a specialist.

Medical Experts and the Conspiracy of Silence

In medical malpractice law, medical experts must examine the doctors' work and testify as medical expert witnesses. Lawyers and judges are not doctors. They need medical experts to evaluate doctors and provide an opinion about whether a doctor made a mistake.

The medical expert witness will look at the injured patient's medical records and medical procedures and evaluate the doctor's methods. Then, the medical expert will testify in court and state their opinions.

A medical expert can discuss any of the following:

• Whether a misdiagnosis in this case is common
• Whether the doctor prescribed the wrong medication
• Whether the doctor properly performed the surgical procedure
• Whether the birth injuries were avoidable
• Whether surgical errors are common in similar circumstances
• What caused the patient's injuries
• Whether the wrongful death was avoidable

Finding medical expert isn't easy. Doctors are reluctant to testify against their medical colleagues. Lawyers call this the "conspiracy of silence."

It's a challenge to find an unbiased medical expert willing to testify against a negligent doctor on substandard care. This resistance applies even if doctors practice on opposite coasts. Doctors may know each other from national board certifications or fellowship programs for specialists.

Also, doctors usually communicate with one another for professional brainstorming on diagnosing, treatment, or collaboration in research or academic publications. An experienced medical malpractice lawyer may know experts or other professionals willing to provide an opinion in such circumstances.

Thinking About Filing a Medical Malpractice Lawsuit? Get Help

If you are not a doctor, you may not know the accepted standard for medical care. Like most people, you need help analyzing your situation to determine if you have a viable medical malpractice case against your doctor or medical facility

A successful medical malpractice plaintiff can recover damages, including money for medical bills. If you believe a doctor failed to provide you or a loved one with the standard of care required by law, contact an injury lawyer. Most medical malpractice cases have a statute of limitations (time limit) for filing your claim. Seek legal advice from a medical malpractice attorney as soon as you know you may have a claim.