In any medical malpractice case, the first question that must be answered is whether or not the patient was given the appropriate standard of care. This blog will explain what the standard of care is, how it is defined, and how a patient may be able to prove that the standard of care was not met in their case.
The Standard of Care Defined
The standard of care is defined as the level of care that a reasonably competent healthcare professional would have provided under the same or similar circumstances. In other words, it is the level of care that a patient should expect to receive from their healthcare team.
The standard of care can vary depending on several factors, such as the particular medical condition being treated, the geographic location where treatment is being received, and the resources available to the healthcare team. For example, the standard of care for treating a broken bone may be different in a rural area with limited access to hospitals than it would be in a major city with multiple trauma centers.
Proving that the Standard of Care Was Not Met
In order for a patient to succeed in a medical malpractice claim, they must be able to show that the healthcare team breached the applicable standard of care.
There are many ways to prove that the standard of care was not met. The most common way is to retain an expert witness who can testify as to what the appropriate standard of care should have been in the particular case and how the actual care fell below that level. Expert witnesses can be very expensive, so it is important to consult with an experienced medical malpractice attorney early on in your case to determine whether or not this will be necessary.
Is That All I Need to Prove in My Case?
Proving that the standard of care was not met is not enough to win your case. You will also need to prove that medical malpractice occurred. This includes showing that your healthcare provider's negligence was the direct cause of an injury or loss to you.
If you believe that you may have a case for medical malpractice, it is essential to speak with an experienced attorney who can advise you on the best course of action. An attorney can answer any questions you may have and provide you with the legal representation you need to protect your rights.
If you were injured as a result of medical malpractice, call us today at (617) 404-3417 or fill out our form online for a free consultation.