Table of ContentsView AllTable of ContentsLegal DefinitionChallengesMalpractice Suits
Table of ContentsView All
View All
Table of Contents
Legal Definition
Challenges
Malpractice Suits
This article helps you understand what the standard of care means in medicine, how it is legally defined, and what happens when the standard of care is breached. It also describes the legal actions you can take if you have grounds for a lawsuit.
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Legal Definition of Standard of Care in Medicine
Although there is an increasing push to adopt a uniform national standard, some states allow for variations in how the standard of care is defined.
For instance, some states have adopted alocality rulewherein the standard of care is based on what other professionals in the same area and community would do in a similar circumstance. Other states designate a locality rule for general practice and a national standard of care for specialists.
Does the Standard of Care Change in Emergencies?The standard of care does not change in emergencies or natural disasters. The standard of care is what is reasonably prudent for that situation and what similar healthcare providers would do under the same circumstance.
Does the Standard of Care Change in Emergencies?
The standard of care does not change in emergencies or natural disasters. The standard of care is what is reasonably prudent for that situation and what similar healthcare providers would do under the same circumstance.
Factors Affecting Standard of Care
It is important to note the standard of care does not mean optimal care. The standard of care runs a spectrum from a barely acceptable level of medical care right up to the optimal level of medical care.
Therefore, for any action to be regarded as a breach of the standard of care, it may need to fall well outside of the legal definition of what is acceptable and be subject to legal interpretation.
This is where the locality rule is potentially problematic. Rather than measuringphysiciansagainst all physicians in the country, the locality rule allows physicians to be measured against other physicians in the local area.
Proving malpractice can often prove difficult. To determine if the standard of care has been breached, the court must take into account multiple factors, including:
ExampleAs an example, asurgeonis expected to deliver the same level of expertise, care, and competency as other specialists with similar training. However, if the surgeon makes an error that a competent surgeon wouldn’t—such as performing a surgery incorrectly or removing the wrong organ—they would likely be considered negligent and be liable for providing compensation.
Example
As an example, asurgeonis expected to deliver the same level of expertise, care, and competency as other specialists with similar training. However, if the surgeon makes an error that a competent surgeon wouldn’t—such as performing a surgery incorrectly or removing the wrong organ—they would likely be considered negligent and be liable for providing compensation.
When Treatment Doesn’t Meet the Standard of Care
To file a malpractice suit, you must show that the negligence caused you direct harm for which you should be compensated.
Examples include:
If there are grounds for a suit, you may also pursue a case against others, including the hospital or healthcare facility that employs the practitioner.
If you decide to pursue the case, you would need to hire a malpractice attorney given that some states have enacted laws that make malpractice claims more challenging and complicated to pursue.
The attorney can also tell you if your claim is within the statute of limitations of your state (meaning the time between which the negligence occurred and the lawsuit was filed). The statute of limitations in some states like Kentucky and Louisiana is only one year, while most others are between two and three years.
Even if your claim does meet the definition of a compensatable act, you can still file a complaint with the following authorities who can enact disciplinary actions or even suspend or revoke licenses:
Compensation in Malpractice SuitsCompensation for medical negligence can include:Repayment for unnecessary treatmentMedical bills incurred as a result of the negligenceLost wages or incomeWrongful death, including the loss of the deceased’s incomePain, suffering, and emotional distressSome states cap the amount of compensation you can receive for pain, suffering, and emotional distress. The cap may be as low as $250,000 in states like California, Idaho, Montana, and Texas, while 15 states have no damage caps of any sort.
Compensation in Malpractice Suits
Compensation for medical negligence can include:Repayment for unnecessary treatmentMedical bills incurred as a result of the negligenceLost wages or incomeWrongful death, including the loss of the deceased’s incomePain, suffering, and emotional distressSome states cap the amount of compensation you can receive for pain, suffering, and emotional distress. The cap may be as low as $250,000 in states like California, Idaho, Montana, and Texas, while 15 states have no damage caps of any sort.
Compensation for medical negligence can include:
Some states cap the amount of compensation you can receive for pain, suffering, and emotional distress. The cap may be as low as $250,000 in states like California, Idaho, Montana, and Texas, while 15 states have no damage caps of any sort.
Summary
6 Sources
Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.
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Swadron SP, Milano P, Milano AM.A resource-based locality rule.Virtual Mentor.2014;16(2):111-114. doi:10.1001/virtualmentor.2014.16.2.jdsc1-1402
Attaluri PK, Wirth PJ, Moura SP, Shaffrey EC, Rao VK.The anatomy of a malpractice lawsuit.Aesthet Surg J Open Forum.2023;5:ojad008. doi:10.1093/asjof/ojad008
U.S. Department of Health and Human Services.How can I complain about poor medical care I received in a hospital?
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