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Medical Standard of Care in Medical Malpractice
Every time that you are examined or treated by a doctor, you are entitled to a medical standard of care. This standard of care essentially refers to how doctors across the board would react to a similar medical situation. If you feel that you have been subjected to a low standard of care and you were injured as a result, you might be able to file a medical malpractice lawsuit and receive compensation for your losses.
The standard of care is generally determined by considering the performance of doctors in any given area. Doctors all have to abide by common standards, and failure to do so can result in medical malpractice. For instance, all doctors must abide by the national standard of care, which requires all doctors to use the same amount of skill and care that any competent doctor would use in a similar circumstance. There are more specific standards that doctors have to follow, such as the locality rule. This rule requires doctors to use the same degree of care and skill that any other doctor or surgeon in the area uses.
Even if a doctor uses a practice that the majority of doctors do not use, he or she can prove that his or her actions were acceptable under the respectable minority rule. This rule indicates that while the majority of doctors would not use this procedure or treatment, a respectable minority do. If a doctor can prove the respectable minority rule, you probably will not win a medical malpractice lawsuit against him or her.
In order to prove that the medical standard of care was violated and that a personal injury lawsuit is appropriate, expert witnesses must testify to demonstrate the standard of care. Once this medical standard of care is established in court, it must be proven that the doctor violated this standard of care. Furthermore, it must be proven that this violation directly resulted in your injury, and that you would not be injured if the doctor used a different procedure or treatment.
If you were unconscious during the time of your injury, for instance, if you were in surgery, you probably will not be able to prove negligence on the doctor’s part. However, you can still support a personal injury claim by proving that you suffered an injury that is not a common complication of the treatment. You must also prove that your injury only occurs in the case of negligence and that the doctor was responsible for you at the time of your injury. If you can prove these things, you can make a good case in court and you will probably receive compensation.
If you want to file a personal injury lawsuit because you think that your doctor did not maintain the proper medical standard of care, you should consider contacting a personal injury lawyer. Such lawyers are experienced with proving negligence and building strong cases against doctors. To contact me with any questions, click here.