Saunders Law Group

Know what goes into determining standard of care

The standard of care in a medical malpractice case is set by several factors, and it isn't the same in all cases. Any individual who is harmed by a medical professional might wonder if the breach of the standard was the cause. Understanding a few points about it can help you if you're in the position where you need to take legal action over a malpractice incident.

The standard of care considers the training of the doctor as one factor. Specialists would have a higher standard of care in their chosen area than a general practitioner.

Another factor that is important is the type of information that's available to the doctor. This includes the patient's account of symptoms, their medical record and any test results that apply to the case. Part of this requires that the doctor uses their training to determine what's likely wrong with the patient, so they can order appropriate tests.

The abilities of the medical center or office also play a role in the standard of care. A cutting-edge medical center with ample resources available to the physician would likely have a higher standard of care than a small office in a rural area.

The way that standard of care breaches are proven in court often involves calling in a medical expert who can testify as to what a reasonable physician would have done in the same situation. It can be difficult to find an expert who will speak out in this manner, but there are some who care more about patients than about protecting the medical community.

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