- August 7, 2023
- Medical Malpractice
- Personal Injury
When you go to the hospital, you expect to get the best treatment for the condition that took you there. Doctors and other medical professionals are always expected to maintain the highest level of care, commonly called the “standard of care.” If medical professionals provide treatment below the standard of care, they will likely face a medical malpractice case.However, proving the standard of care is not always easy, and many are unaware of what it means. So, in this blog, our Detroit medical malpractice lawyers will look at what amounts to the standard of care in a medical malpractice case. If you or a loved one is a victim of medical malpractice, contact Goodman Acker P.C. at 248-286-8100 to learn your legal options.
Why Choose Us to Handle Your Medical Malpractice Case?
Our Detroit medical malpractice attorneys at Goodman Acker P.C. understand the complex nature of these cases and the severity of the damage the victim suffers. Therefore, we will diligently handle your case, reviewing the facts to establish how the medical professional failed to meet the standard of care.
We have successfully represented several victims of medical malpractice and gotten them the maximum benefit.
Our law firm has a 99% success rate, and we put all our resources into getting our clients a fair settlement. Also, we work on a contingency fee basis, so you don’t have to worry about paying our fees outright. Don’t sleep on your rights; call us at 248-286-8100 to book a free case review.
What Is a Medical Malpractice Claim?
Medical malpractice claims typically arise when a health practitioner violates the standard of care. The standard of care is used to define instances where the treatment was inadequate.
For example, the typical treatment for a patient experiencing chest pains may include administering an electrocardiogram to identify potential issues. If a doctor fails to order an ECG and they die from an untreated condition, the doctor would not have met the medical standard of care. In such a case, the victim’s family could be eligible for compensation through a medical malpractice claim.
What Does Medical Standard of Care Mean?
The medical standard of care is defined as the level and type of care that a ‘reasonably’ competent and skilled medical professional with similar training in the same medical field would have provided to a patient under the same circumstances.
In medical malpractice cases, the recurrent question is whether another similarly trained doctor would have made the same choices. If the answer is no, then the medical professional facing the malpractice case did not provide the standard of care, and as such, they have to provide financial compensation.
How Is the Standard of Care Principle Applied to Medical Malpractice Claims?
Basing a medical malpractice claim on the principle of the standard of care involves careful examination of the details of the specific instance and medical practices in general. To provide context in a medical malpractice case, attorneys often use expert witnesses to explain why the defendant’s actions violated the standard of care.
The medical expert will describe how the victim’s condition should have been treated and why the doctor’s response fell short. The concept of the standard of care simply establishes a baseline level of attention that doctors should provide to each patient and an idea of the type of treatment necessary for certain ailments.
Recovering compensation through a medical malpractice claim involves an in-depth knowledge of medical and legal considerations.
The standard of care is an accepted guideline, but every patient’s situation differs, so the expert witness will testify to the following:
- What the appropriate medical standard of care is under the circumstances
- How the medical professional’s deviation from the standard of care led to the injuries the victim suffered.
Note that there are medical professionals referred to as specialists. They are people who underwent more rigorous training and examinations. As such, they are held to a higher standard of care and testify as expert witnesses.
Examples are:
- Radiologists
- Neurologists
- Anesthesiologists
- Ophthalmologists
- Pediatricians
- Cardiologists
- Internists
If you allege medical malpractice against a specialist, their standard of care would be what another specialist would do in the same circumstances. Essentially, a general practitioner and a specialist are held to a different standard of care. Also, each case is decided on merits and the outcome can vary.
What Is the Medical “Standard of Care” in a Medical Malpractice Case FAQs
As mentioned, medical malpractice claims are very complex and can be confusing. Below are some of the questions we frequently encounter.
How Will I Know If My Doctor Did Not Meet the Standard of Care?
Contact an attorney if you suffered an injury or complication after medical treatment. Our lawyers work with medical experts to determine whether a doctor has met the medical standard of care. We will examine your case and let you know if your doctor is liable for malpractice.
What Should I Do If My Doctor Failed to Meet the Standard of Care?
If your suspect your doctor did not meet the standard of care, journal your treatment and the injury sustained. Then speak with a Detroit medical malpractice lawyer.
How Much Can I Receive as Compensation for a Medical Negligence Case?
There is no fixed amount for medical malpractice compensation, as each case is decided based on the severity of the injury suffered. However, you can get from hundreds of thousands of dollars to millions.
How Do I Prove My Doctor Did Not Meet the Standard of Care?
To prove your doctor did not meet the standard of care, you need the testimony of a medical expert in the same field. Also, you need your treatment record.
Book a Free Consultation With Our Detroit Medical Malpractice Lawyers
Have you or your loved one been a victim of medical malpractice? If yes, you may be eligible for economic and non-economic damages from the negligent medical professional.
At Goodman Acker P.C., we have the legal knowledge and the outside resources to build a strong case for you and win. Schedule a free consultation with our medical malpractice lawyers in Detroit to discover your options. Call us now at 248-286-8100.