A victim of medical malpractice may decide they want to file a lawsuit to help them recover the financial damages they’re dealing with because of the harm they’ve suffered. There are many factors that can play a role in this type of case. For example, whether the practitioner in question met the professional standard of care required of them while they were treating the patient who filed the lawsuit at issue can be of particular concern.
The standard of care is broadly defined as the level of care that a “reasonable and prudent” medical professional would provide under similar circumstances. This vague and case-specific standard can make it difficult for a person who isn’t familiar with the medical field to determine what the expected level of care for a particular patient should be.
What factors influence standard of care?
The standard of care isn’t fixed and universal. Instead, it depends on several factors, such as the doctor’s training, the resources they have available and the circumstances surrounding the person’s care. State law also influences the exact expectations of professionals practicing in any particular location.
Typically, a specialist would be held to a higher standard than a general practitioner if the patient’s condition falls under the specialist’s area of expertise. This means a cardiologist would be held to a higher standard than a family doctor for diagnosing and treating a heart condition.
A person who seeks care at a large medical facility that has state-of-the-art equipment can expect a higher standard of care than they would at a small rural hospital. This is due, at least in part, to the type of equipment and possibly the training of the staff members.
How can substandard care be proven?
It can be difficult to prove that a professionally appropriate standard of care wasn’t met in a case. Victims of medical malpractice may need to have a medical expert testify about what standard of care they should have received based on the unique ins and outs of their case.
Because the medical community is tightknit, it can be challenging to find a qualified professional to testify. Working with a legal representative who has contact with medical experts who are willing to speak up for victims may be beneficial for individuals who want to file a medical malpractice claim.