In medical malpractice lawsuits, the primary argument that the victimized patient can use against a medical practitioner is “negligence,” which is usually proved by establishing the “standard of care” that all proficient doctors are expected to adhere to.
In medical malpractice lawsuits, the primary argument that the victimized patient can use against a medical practitioner is “negligence,” which is usually proved by establishing the “standard of care” that all proficient doctors are expected to adhere to.
Thus, the extent of negligence shown by a medical practitioner is measured against the standard practice or standard of care. The standard of care implies the degree of care and caution that a doctor ought to have shown while treating a patient. Any degree of failure to exercise standard of care would amount to medical malpractice.
The legal implication of ‘Standard of Care’
This term is usually used in the legal world, and so it is not a medical term. The lawyers have established the “standard of care” to file malpractice suits against doctors who fail to comply with standard of care.
The only time a qualified doctor would use this term is when he is summoned to testify against another doctor in a medical malpractice case. As mentioned in the previous paragraph, the standard of care implies the degree of care and caution that an average doctor is expected to exercise while treating patients. This care and caution, of course, takes into account the individual doctor’s medical skills and knowledge.
Protection for doctor against misuse of “standard of care”
The standard of care theory is based upon the average practitioner; so patients or jurors cannot interpret the standard of care to be the perfect or ideal care.
As in the real world, doctors cannot always provide the perfect care though that is a desirable goal, medical malpractice laws have been designed such so that the medical practitioner must at least meet the quality standards of an average healthcare provider in a particular discipline of medicine. This means, the doctor is expected to apply his acquired medical knowledge, practical wisdom, and reasonable caution while treating patients. This is not an elaborate guessing game.
This is the reason why hospitals or healthcare facilities require patients or their family members to understand the known risks involved in particular procedures and provide signed consent forms before such procedures are carried on. The risks pertaining to medical procedures may be:
· Usual surgical procedures with known risks
· Unusual surgical procedures with known or unknown risks
· Non-standard treatment procedures
· Experimental medication with some known side effects
· Use of medical devices that involve health risks
In each and every of the above cases, hospital or treating doctors may require the patients or their family members to sign consent forms after a thorough discussion of the concerned procedure. If the medical practitioners have strictly observed all the formalities like having a detailed discussion about a certain medical procedure with the patient, have received signed consent forms, and have recorded all such incidents properly, then such documents can serve as evidences in favor of the medical practitioner during a malpractice case.
States have individual laws for medical malpractice
Many US states accept that there may be more than one standard method for delivering healthcare; in such states, the definition of standard of care may have some flexibility built into it. When you find yourself in a malpractice situation, the first think you should do is contact an experienced medical malpractice law firm in New York such as RMFW Law, and discuss the standard of care as understood by attorneys in this state.
This definition will give you a good idea about how deviant the concerned medical practitioner was in providing the healthcare to you. The better you understand the standard of care, the easier it will be to file your medical malpractice case.
If you or your close family member has been harmed by a New York doctor’s malpractice, then you must contact an experienced medical malpractice law firm like the Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000. There is no one better in the city than us.
We know what a winning case looks like and we would like to hear about yours. Call us!
