New York Malpractice & Injury Lawyer Blog
In a medical malpractice lawsuit, one of the elements to be proven is “standard of care.” But what exactly does that mean? It is important that you understand the term because you will be talking about it frequently as you move forward with a medical malpractice lawsuit. Our lawyers explain what the term means.
Four Elements of a Successful Medical Malpractice Case
To win a medical malpractice case, you and your attorney must prove:
- That the doctor owed you a duty of care
- That the doctor violated the accepted standard of care
- That you suffered injury
- That the injury you suffered was due to the doctor’s failure to provide you with the accepted standard of care
So what is this “standard of care” that we speak of? In general, it is the way that any doctor would have treated you under similar circumstances. Unfortunately, those in the medical profession are quite adept at arguing that there is no standard in medicine. Every patient is unique.
For example, if you have bronchitis, the typical treatment involves medication. That said, there are a variety of medications available, different dosages, strengths, combinations and side effects. There are several ways in which a doctor could choose to treat you for bronchitis, making it difficult to determine “standard of care.”
In order to prove that the standard of care was violated, your lawyer will likely call expert witnesses to testify on your behalf. These medical professionals will speak to the standards that are currently followed in accordance with medical organizations.
Because standard of care can be difficult to prove, it is important that you hire an attorney knowledgeable in medical malpractice law to represent you in court after an injury at the hands of a doctor or other medical professional. Call our offices today if you have suffered an injury. A member of our team will review the details of your case at no cost to you and advise you of your options.
Call now or browse our website to discover more about our firm. We are here to assist you and your family as you begin to put the pieces of your life back together.