A phrase often heard in medical malpractice cases is “standard of care.” What is the standard of care that physicians and other medical personnel must meet when providing treatment or care to patients?
According to Connecticut’s Office of Legislative Research, “the standard of care is the level of care, skill, and treatment that, under the relevant circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” What qualifies as similar health care providers? In a malpractice case, if the defendant has been certified as a specialist by an American specialty board, or is experienced and trained in a medical specialty, then a similar health care provider would be someone who is certified in the same specialty and is experienced and trained in the same specialty.
For defendants who are not considered specialists, then a similar health care provider would be someone who has been licensed by the appropriate Connecticut regulatory agency, experienced or trained in the same discipline and has five years of medical teaching or active practice.
Therefore, a doctor or other medical professional must provide care and treatment that another doctor or medical professional would provide if he or she met the standard of care.
Medical malpractice cases can be very in-depth and require and experienced legal professional. There are also time limits in place for how long a person has to file a medical malpractice case. The advice of a medical malpractice attorney can prove very valuable if you are considering seeking compensation for medical malpractice.
Source: Connecticut Judicial Branch Law Libraries, “STANDARD OF CARE IN MEDICAL MALPRACTICE CASES” Christopher Reinhart, Aug. 22, 2014