How Can I Prove Breach of Duty?
A medical professional has a duty to exercise the same degree of skill or care as would a reasonable, careful, and prudent professional in the same or similar circumstances. This is known as the standard of care. This obviously depends upon the field or specialty the professional practices within. The burden is on the plaintiff to define the applicable standard and then prove such failure occurred.
Are All Physicians the Same?
Of course not. Physicians often differ in their approach. This makes it quite difficult to convince a court to adopt you particular standard of care. Making it even more difficult, some courts have adopted the respectable minority test that allows for a minority of physicians to practice differently than the majority but still practice with an acceptable standard of care.
Are the Standards of Care Different in Different Geographic Locations?
Though some courts do consider location of practice, this factor has become less frequent in determining the standard of care applicable.
Are the Standards of Care Different Between General Practitioners and Specialists?
Similar to the legal field and attorney malpractice, the specialist who holds him or herself out as a specialist, is subject to the standard of care higher than that of a general practitioner. However, if a general practitioner provides services that require the care and skill of a specialist, he or she will be held to the standard of care of a specialist.
Do You Need a Lawyer Experienced with Medical Malpractice?
If you or a loved one has been injured by medical malpractice, you should speak to an attorney immediately to learn more about the value of your case and what types of recoveries are available to you. |
 |
