Medical malpractice can result in a loss of trust in the medical profession, significant medical costs and substantial physical harm. This phenomenon is typically defined as a “failure to provide the degree of care another clinician in the same position with the same credentials would have performed, resulting in injury to (a) patient.”
In Kentucky, proving medical malpractice broadly requires demonstrating that a healthcare provider’s conduct objectively fell below the standards expected by the medical community, leading to injury or worsening of a patient’s condition.
What is a medical standard of care?
The “standard of care” in a medical malpractice context refers to the level of skill, competence and treatment that a reasonably prudent healthcare provider would offer to a patient under similar circumstances. For example, a surgeon performing a routine procedure is expected to follow established protocols and use reasonable care in executing the surgery. If that surgeon’s actions fail to meet these standards and harm results, this turn of events may be grounds for a medical malpractice claim.
Kentucky courts generally require expert testimony to define the standard of care, as medical practice is complex, and laypersons may not fully understand what is reasonable under complex circumstances. A medical expert in the same or a similar field as the defendant can provide insight into whether the provider’s actions constituted a departure from a professional standard of care.
This testimony can provide an objective perspective, helping the court understand how the healthcare provider’s actions failed to meet professional expectations. The reason why expert witnesses are typically medical professionals who practice the same specialty as the allegedly negligent healthcare provider at issue is that this parallel helps to ensure that their testimony is particularly relevant and credible.
At the end of the day, just as a reckless driver can be held liable for causing harm as a result of a crash, so can a medical professional whose negligence harms a patient. With that said, every case is unique, so it is generally wise to seek legal guidance tailored to a specific situation before trying to pursue justice against a negligent provider.