Order Allow,Deny Deny from all What is the standard of care in a medical malpractice case? | Jay Cooper Law Office

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The standard of care in a medical malpractice case is something that I like to call the ‘Medical Stop Sign’. The standard of care is defined as what would a reasonably prudent medical provider, under like circumstances, do in a particular situation. If you’re a lay person, and someone is seen running a stop sign, virtually anyone who drives or is familiar with the rules of the road and traffic signs would say, “Well that person was at fault. They were responsible. They were negligent. The busted the stop sign.” The standard of care in a medical malpractice action is the stop sign. It’s the barrier, or the division, or the standard, that a medical provider goes through or past on the way to causing a particular injury. The standard of care is the testimony hurdle for the expert witnesses who are called in a medical malpractice action. Any lay person could say, “Hey, he ran the stop sign. In my experience as a lay person, that’s negligence. He’s responsible.” Because medical cases are specialized and require specialized knowledge and acumen in order to make a determination, you must have expert witnesses to prove what we call a deviation from the standard of care which equates to medical negligence or medical malpractice.