Medical malpractice cases are often centered around one critical issue: whether the healthcare provider violated the applicable “standard of care.” This concept is important because not every poor medical outcome automatically qualifies as negligence.
Patients may suffer complications, worsening conditions, or unsuccessful treatment even when doctors provide appropriate care. A malpractice case usually arises only when the provider failed to act in a manner consistent with accepted medical standards under the circumstances.
Standard of Care Defined
In general, the standard of care refers to the type and level of care that a reasonably competent healthcare provider with similar training would have provided in the same or similar situation.
The standard of care can apply to:
- Doctors
- Surgeons
- Nurses
- Hospitals
- Specialists
- Emergency room providers
- Anesthesiologists
- Other healthcare professionals
The standard often depends on the facts of the particular case. For example, what is considered appropriate care for an emergency room physician may differ from the standard applicable to a specialist or surgeon.
Common Violations of the Standard of Care
Medical malpractice claims commonly involve allegations that providers failed to:
- Properly diagnose a condition
- Order appropriate testing
- Interpret imaging or lab results correctly
- Monitor the patient appropriately
- Perform surgery safely
- Respond to complications
- Provide timely treatment
To prove a violation of the standard of care, malpractice cases generally require expert testimony. Medical experts review the records and explain what a reasonably careful provider should have done under the circumstances.
For example, an expert may testify that:
- A doctor should have ordered a CT scan based on the patient’s symptoms
- A surgeon used improper technique during a procedure
- A provider failed to recognize warning signs of stroke, infection, or internal bleeding
- A hospital failed to properly monitor a deteriorating patient
Simply proving that a provider made a mistake is not always enough. The patient must also show that the violation of the standard of care actually caused harm.
What Damages Are Available in a Medical Malpractice Lawsuit?
Medical malpractice victims may be entitled to recover compensation for both the financial losses and personal harm caused by negligent medical care. The amount and type of damages available often depend on the severity of the injury and the long-term impact on the patient’s life.
In many cases, damages may include compensation for:
- Past and future medical expenses
- Hospital bills and surgical costs
- Rehabilitation and physical therapy
- Prescription medications and ongoing treatment
- Lost wages and reduced future earning ability
- Pain and suffering
- Emotional distress and mental anguish
- Permanent disability or disfigurement
- Reduced quality of life
Wrongful death medical malpractice claims may also allow surviving family members to recover damages related to funeral/burial expenses, loss of financial support, loss of companionship, and grief and emotional suffering.
Like the standard of care, proving damages often requires extensive medical evidence, expert testimony, and documentation regarding how the injury affected the patient’s life and future. An experienced attorney can help gather and present this evidence.