Standard of Care in Medical Malpractice Case
When we go to the doctor or check-in a hospital for a procedure, no matter how minor, we trust that our physician is qualified and knowledgeable.
We trust that they are skilled in the procedure they are performing, or sure of the medicine they prescribe, but unfortunately, that is not always the case. There are times when something goes horribly wrong, whether a mistake or outright negligence when these things occur, someone must be held accountable.
If you decide that you must file a medical malpractice lawsuit for a faulty medical procedure you should be aware of all your rights, and what to expect. A crucial point of filing a lawsuit is to prove a problem with the “medical standard of care” received.
Here you will learn what is meant by the term “standard of care”, what it is, and how this concept can affect a medical malpractice claim against a medical practitioner.
You must first understand what medical malpractice is.
If a doctor, medical professional or medical facility makes an error, it does not automatically mean that they are guilty of medical malpractice. True medical malpractice occurs when the treatment you received falls below the acknowledged “standard of care”, and as a result of this substandard treatment you the patient, suffered ill effects. Only in cases where the patient was harmed does medical malpractice apply.
The basic definition of “standard of care” in a medical malpractice lawsuit: The type of care and level that any, sensible, health care worker, that has the same education and experience level, would provide you under a comparable position in the same environment.
Ask yourself this crucial question: if you are considering a medical malpractice lawsuit. “Would a doctor or other medical professional who has the same skill and education have prescribed the exact treatment if working with an identical set of circumstances?” If you believe the reply is “no” and you became injured as a direct result of the poor quality of treatment you received, you might have grounds for a medical malpractice lawsuit for medical reasons.
The first step in establishing your case is to find an expert that can testify as to the below standard care you received. Your expert should be a doctor that is familiar with or trained in the discipline as the professional that you are currently bringing a suit against.
Your expert will be called upon to:
- Ascertain what the expected “standard of care” is for your particular treatment
- Give expert examples as to how you received treatment that was below the accepted standard of care
- Give expert testimony as to precisely what happened when you were debilitated by the less than standard treatment you received
Often you will also be required to file a signed affidavit written by your expert testifying that they believe your case to have merit. An attorney whose specialty is medical malpractice has the knowledge to know whether this affidavit requirement applies.
Get in Touch with a Florida Medical Malpractice Lawyer Today
The best way to know if you have a case and how to proceed with litigation is to contact an attorney that is well versed in this field. Although all attorneys must be bar certified to practice law, not all excel in the field of medical law. Before you hire an attorney to represent you, check their credentials, find out their history with these types of cases, and ask for a schedule of fees upfront.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)