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How does standard of care impact medical malpractice?

On Behalf of | Aug 22, 2019 | Medical Malpractice

Patients who are receiving care for a medical issue expect that they will be taken care of in an appropriate manner. When doctors and medical professionals don’t provide the care they need, they might end up being accused of providing care that doesn’t meet the standard.

These cases are challenging because the standard of care doesn’t stay the same through all cases. To figure out what applies in your case you have to look at the circumstances. Any small change could alter the standard of care.

How does a doctor’s training play a part?

A doctor’s training plays a role in the standard of care because it determines their knowledge. A doctor who is a general practitioner won’t have as much experience with some conditions that are usually handled by a specialist. For example, a family physician might be able recognize the classic signs of an inflammatory bowel disease. However, they might not be able to recognize a case that has an abnormal presentation.

What other factors can impact the standard of care?

The information that the doctor has when working with the patient can also have an impact on what standard of care is expected. This can have to do with the type of equipment and tests that are available at the location where they practice. You would likely receive a higher standard of care from a major medical center that has higher tech equipment and testing than a small rural office that doesn’t have that type of technology.

How is a violation of the standard of care established?

To prove that the medical team violated the standard of care, you will need to have someone who can attest to this fact. This makes it more difficult to prove your case because the medical community is a tight-knit one and doctors might not want to speak out against the actions of another doctor. This doesn’t mean that it is impossible, but it doesn’t make things easy.

You only have a limited amount of time if you are going to file a lawsuit, so be prepared to act quickly. Carefully plan your strategy and find the appropriate witnesses to speak out on your behalf. Remember, you need to consider all the damages when you get your claim together.


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