What Is the Standard of Care in Medical Malpractice Law?

In medical malpractice cases, one of the central questions is whether a doctor or health care provider is liable. The answer depends on a doctor’s actions during medical treatment.

Medical professionals owe a duty of care to those they treat. The standard of care measures a medical provider’s fulfillment of that duty.

Medical malpractice cases involve evaluating the standard of care. When a doctor’s actions fail to meet the applicable standard of care, the doctor may be liable for personal injuries.

If you believe your medical provider failed you, ask a medical malpractice lawyer about your legal options. Proving a breach of duty is complicated, but an attorney can build a strategy for your claim.

Defining the Legal Standard of Care

In a negligence claim, the standard of care is what a reasonable person would do under similar circumstances.

But in a medical negligence case, the medical standard of care depends on other doctors. It reflects what reasonable doctors with the same skill level and education would have done under similar circumstances.

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.

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 national standards for a medical specialty that are not dependent on location.

Are There Specific Standard of Care Guidelines?

No, there is no law that describes the exact standard of care in all specific circumstances. This standard is a legal standard rather than a medical standard. The standard is flexible so that it can apply to many different and complex medical scenarios.

As described above, medical boards have created clinical practice guidelines. An injured person might refer to these guides in a medical malpractice trial to support their case. However, they are not laws, so they may not be sufficient proof of a medical professional’s liability.

The lack of specificity is what makes many malpractice cases so challenging. Plaintiffs must first argue that a standard exists before they can successfully claim that a medical provider broke it. That’s also why it is important to work with a legal professional to build a strong argument.

Do the Standards Differ for General vs. Specialized Medical Practice?

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

Specialized doctors have advanced skills and training in their medical fields. 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 legal defense. For example, a general practitioner incorrectly performs CPR on a heart attack patient. The patient dies as a result of the substandard care. The doctor can’t claim they are not liable because they are not a specialist in cardiovascular health. CPR is a basic medical skill that would be reasonably expected of a general practitioner.

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.

Using Medical Expert Testimony

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

The Conspiracy of Silence

Finding a 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.