Black’s Law Dictionary defines standard of care as, “that degree of care which a reasonably prudent person should exercise under same or similar circumstances. If a person’s conduct falls below such a standard, he may be liable in damages for injuries or damages resulting from his conduct.”
What Is Standard of Care in Layman’s Terms?
In medical malpractice cases, the “reasonably prudent person” refers to another medical professional with comparable training and experience. Healthcare providers owe their patients a duty to follow the accepted standard of care within their field.
The standard of care is the level of skill, attention, and judgment that a similarly qualified medical professional would exercise under the same circumstances. When a provider fails to meet this standard, and that lapse leads to a patient’s injury, the patient may have the right to pursue compensation.
For example, a woman comes into an emergency room in a cold sweat, complaining of lightheadedness, heartburn, and shortness of breath. These symptoms could be indicative of a heart attack. The medical provider should perform tests to identify whether the woman is having a heart attack.
If the medical provider failed to order these tests because she was not experiencing chest pain or shooting pain in the left arm, which is common in men, they may have breached their duty to uphold the standard of care.
What Does This Mean for You?
Standard of care is the cornerstone of a medical malpractice case. To hold a medical provider liable, you must prove that the doctor owed you a duty to uphold the industry’s standard of care and that they failed to do so.
An expert witness can help you establish the standard of care and that the medical provider failed to meet it.
Examples of a Breach of Standard of Care
A medical provider can breach their duty by:
- Performing surgery on the wrong body part or the wrong person
- Leaving surgical tools inside a patient
- Prescribing a medication that interacts with another medication the patient is taking
- Using too little or too much anesthesia
- Failing to monitor vitals while the patient is under anesthesia
- Failing to obtain informed consent
- Failing to diagnose a condition
- Diagnosing a patient with the wrong condition
Our medical malpractice lawyers can prove that your medical provider failed to uphold their industry’s standard of care.
