Patients count on their doctors to provide them with appropriate medical care. Most people receive this professional consideration on a consistent basis, but there are times when doctors, nurses and other medical professionals don’t meet that expectation.
It’s possible that patients who don’t receive the care they need will suffer harm. If that harm is the result of medical malpractice or negligence, they may opt to pursue a legal claim. One factor that often comes up in these cases is whether a patient’s initial medical care met appropriate professional standards of care or not.
What is the standard of care?
The standard of care is based on a variety of factors that vary from one case to another. The doctor’s training is one of the most prevalent factors when determining what the proper standard of care is in a case. Doctors who have training in specialty areas, such as neurology, have a higher standard than general practitioners when it comes to conditions within the doctor’s specialized area.
Another point that’s considered is the information that’s available to the provider at issue. A doctor who works for a state-of-the-art major medical center would be held at a higher standard than one who works at a rural clinic.
How can victims prove the standard of care wasn’t met?
Proving that the standard of care wasn’t met can be rather difficult since there’s not one standard that applies to all cases. In most cases, the victim will need to have a medical expert testify about what would have been considered the standard of care in a specific case. Because the medical community is tightknit, it’s often challenging to find one who will speak out. Legal representatives may have ties to experts who are willing to put patient care first even if it means speaking out against their colleagues.
The process for filing a medical malpractice claim must be started quickly because state law limits how long victims have to act. These cases are often complex and involve a lot of evidence, so working with legal representatives who can assist with everything can be beneficial for victims.