The What and Who of Medical Malpractice Standards of Care
1. The What and Who of Medical
Malpractice Standards of Care
2.
3. One of the most common terms used in a medical malpractice cases or
lawsuit is that of ‘standard of care’. While a general understanding of the
term can help you stay afloat during the proceedings of your medical
malpractice case, it is important to understand the importance of the
standard of care and how an expert witness will prove negligence on the part
of the health care practitioner for breaching the standard of care owed to the
patient.
According to a definition from Nolo’s Plain-English Law Dictionary, standard
of care is “The degree of care (watchfulness, attention, caution and
prudence) that a reasonable person should exercise under the
circumstances. If a person does not meet the standard of care, he or she
may be liable to a third-party for negligence.”
A doctor or medical staff is bound to certain standards; where a doctor or
medical staff compromises the standards set forth by the hospital or the
profession this could lead to a medical malpractice case. The injury and
connecting issues involving the doctor and patient provide additional strength
to the claim for the injured person but requires testimony and explanation
provided by an expert witness. By having a clear understanding of what the
standards of care are and how they would affect the patient this can be
translated to the courtroom.
4. A healthcare professional is bound to certain standards when taking care of
patients. Such standards usually involve every level and stage of care
provided to the individual including diagnosis, care before treatment, surgery,
after care and the treatment necessary for a recovery. At times the
healthcare facility sets the standards on the basis of actions necessary in
order to remove the greater threat and risk of litigation. Where a healthcare
provider violates such rules it opens the hospital, doctor and other staff to
lawsuits.
When a violation of care occurs, it is likely is followed by the provocation of a
lawsuit. Such violations may occur when medical staff perform actions or fail
to act and thus causes harm to a person, additional or incorrect dosage of
medication could damage the body or devices and machine complications
and problems may occur resulting in untold damage.
In such instances this leads to the testimony and explanation of an expert
witness to give details of the case providing concise and clear account of
what happened in order to clear any confusion as to why compensation is
necessary.
5. “The expert witness is often able to explain the elements of a negligence or
malpractice case and remove any doubt that the violations in the standard of
care led to the injury and resultant need for compensation”, stated one
article. By assessing the malpractice claim the expert may create a report for
accounting of all details and actions connected with the claim. This results in
a conclusion based on the expert witness’ opinion where the doctor is the
responsible party for the injury from a violation of standards of care.
This is necessary as it usually provides an opening for litigation to remain
and continue as a valid action on the part of an injured individual or the
surviving family in a wrongful death claim.
For more information on a violation of your standards of care contact
attorney in Anchorage who has experience handling medical malpractice
lawsuits.
6. About the company:
Crowson Law Group is a law firm of renowned professionals who focus solely on
personal injury matters. If you are looking for legal representation by the best
accident lawyers in Anchorage Alaska, be sure to include Crowson Law Group in
your search.
Source- https://www.prfree.org/@crowsonlaw/the-
what-and-who-of-medical-malpractice-standards-of-
care-ypm43b8jek85