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Standard of Care in Medical Negligence Cases

The duty of care owed to patients by medical professionals is to exercise the same level of knowledge, training, experience and care that would be exercised by other members of the profession acting under the same or similar circumstances.  This duty of care is also known as the “standard of care” in a medical negligence case.  If the medical provider fails to meet this standard of care and the plaintiff suffers harm, an action for medical negligence can be pursued. 

There are a number of ways in which medical negligence can occur, for example inadequate treatment, improper diagnosis, substandard care, incorrect medication or dosage, or failure to obtain informed consent.  Doctors are not the only medical professionals who may be liable in a medical negligence lawsuit.  In some cases, medical negligence claims can be brought against other licensed medical providers such as nurses, chiropractors, therapists, and psychologists for breaching their unique standard of care. 

Depending on the facts and circumstances of the case, a medical negligence action could be brought against a variety of different parties, such as the doctor or other medical professional, the owner of the hospital or medical facility, and the operators of a managed health care organization.  If the plaintiff succeeds in proving their case, one or more of these entities can be held liable for the plaintiff’s damages. 

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