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.

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. “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. 

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