What is the Standard of Care in a Medical Malpractice Case?
If you have been injured due to medical negligence, you should familiarize yourself with the concept of the "standard of care" in medical malpractice cases. How does the standard of care generally apply to a medical malpractice claim and, in particular, how does it apply to your case?
Read more below to learn about the standard of care in New Jersey medical malpractice claims. Please contact the Reinartz Law Firm to get a free consultation to talk about your case by calling anytime at (201) 778-HURT.
The Standard of Care Defined
The "standard of care" is a term that describes the appropriate way of doing something. In the context of a medical malpractice claim, it describes whether a medical professional with the same qualifications, training, and experience as your doctor would have administered the same treatment that you received. In other words, would another similarly qualified doctor pursue the same course of treatment for your condition? Would they have recommended an alternate course of care that would have avoided your injuries? If so, this may lay the foundation for a medical malpractice claim.
This standard applies to both medical professionals and organizations. Doctors, nurses, surgeons, and technicians can all be held responsible under the standard of care applicable to their area of specialty, and all can be held liable in the event of a successful medical malpractice claim.
How is the Standard of Care Determined?
The standard of care is what would be considered "normal" based upon the type of care that should have been provided by a similar medical professional with the same qualifications as yours. For example, would a surgeon with a similar background as yours have recommended the same procedure based on their knowledge, credentials, and experience? To help determine the applicable standard of care, a lawyer typically relies on similarly credentialed medical expert witnesses.
Expert witnesses are vital to these cases. Our attorneys have a network of qualified medical experts who we work with. Our experience allows us to select the most qualified experts based on the facts of your case.
How do medical experts influence the Standard of Care?
Medical experts provide testimony to establish the requisite standard of care in your case. Most of the time these experts are doctors themselves and experienced in the field(s) of medicine relevant to your case.
The litigation process is fraught with peril, which is why it is important to consult an experienced New Jersey medical malpractice lawyer. Contact us at (201) 778-HURT to discuss the specifics of your case.