What is the Standard of Care in Medical Malpractice Cases?

Understanding the Standard of Care in Medical Malpractice Cases

In medical malpractice cases, the standard of care refers to the level of skill and care that a competent healthcare provider would offer under similar circumstances. When doctors fail to meet this standard, patients can suffer serious harm, leading to medical malpractice claims.

At LawMD, we know the law, and we know the medicine. Our firm is different because most of our attorneys are also medical doctors. This dual expertise allows us to analyze malpractice cases with an unmatched depth of knowledge.

The Shocking Truth About Medical Malpractice

Many people don’t realize just how common medical malpractice is. Here are some startling statistics:

• Medical errors are the third leading cause of death in the U.S., resulting in over 250,000 deaths per year (Johns Hopkins Medicine, 2016).
• One in three patients in the U.S. will experience a medical error at some point during their hospital stay (National Academy of Medicine, 2015).
• Nearly 75% of medical malpractice cases involve a failure to meet the standard of care (Journal of the American Medical Association, 2019).
• A 2022 study found that 80% of diagnostic errors occurred in just three major categories: infections, vascular events (like strokes), and cancers (BMJ Quality & Safety, 2022).

These numbers show why it’s critical for patients to understand their rights when medical negligence occurs.

How is the Standard of Care Determined in Medical Malpractice Cases?

1. What Factors Influence the Standard of Care?

The standard of care depends on several factors, including:

• The patient’s condition – A doctor treating a common cold is held to a different standard than a surgeon performing a complex operation.
• The doctor’s specialty – A general practitioner and a specialist (like a cardiologist) have different expectations.
• The medical community’s accepted practices – Courts often look at established medical guidelines and expert testimony.

2. How Does the Court Determine If the Standard of Care Was Breached?

To prove a breach of the standard of care, lawyers must show:

• What a competent doctor would have done in the same situation.
• How the doctor’s actions deviated from accepted practices.
• That this deviation directly caused harm to the patient.

At LawMD, our doctor-lawyers use their medical expertise to analyze records, consult experts, and build strong cases for our clients.

Common Ways Doctors Violate the Standard of Care

1. Misdiagnosis or Delayed Diagnosis

Misdiagnosing serious conditions can have deadly consequences. A recent study found that 1 in 10 patient deaths in hospitals are due to misdiagnosis (BMJ, 2022).

2. Medication Errors

Over 1.3 million Americans are injured by medication errors each year (FDA, 2021). These errors can include prescribing the wrong drug, incorrect dosages, or failing to recognize dangerous drug interactions.

3. Surgical Errors

Shockingly, wrong-site surgeries happen about 40 times per week in the U.S. (Journal of Patient Safety, 2021). Surgeons also leave foreign objects inside patients 39 times per week.

4. Failure to Order Proper Tests

Doctors sometimes fail to order crucial tests, leading to missed diagnoses. Studies show that 36% of malpractice cases involve a failure to properly diagnose or test patients (Diagnostic Safety Journal, 2020).

5. Birth Injuries

Negligence during childbirth can cause permanent disabilities. Cerebral palsy affects 1 in 345 children, and a significant number of cases are linked to medical malpractice (CDC, 2022).

The Devastating Impact of Failing to Meet the Standard of Care

When doctors fail to meet the standard of care, patients and families suffer. Some of the long-term consequences include:

• Permanent disabilities (paralysis, brain damage, loss of limbs)
• Chronic pain and suffering
• Financial hardship due to medical bills and lost wages
• Emotional distress for both the patient and their loved ones

A report by The New England Journal of Medicine found that the average medical malpractice settlement is $329,565, while jury verdicts can exceed $1 million (NEJM, 2020).

Why Choose LawMD for Your Medical Malpractice Case?

Our Unique Advantage: Doctor-Lawyers

Most law firms only understand the legal side of malpractice cases. At LawMD, our doctor-lawyers provide expertise in both medicine and law. This means we can:

• Analyze medical records more effectively than traditional attorneys.
• Identify medical errors that others might miss.
• Consult medical experts within our own team.
• Build a stronger case for maximum compensation.

Our Track Record

We have collectively won over a billion in settlements for our clients, holding negligent doctors accountable and securing the compensation our clients deserve.

No Fees Unless We Win

We work on a contingency basis, meaning you don’t pay unless we win your case.

What to Do If You Suspect Medical Malpractice

If you believe a doctor failed to meet the standard of care, follow these steps:

1. Request medical records – These documents are crucial in proving negligence.
2. Document everything – Keep track of symptoms, medical visits, and conversations with healthcare providers.
3. Consult an experienced medical malpractice attorney – The sooner you act, the better your chances of success.

At LawMD, we offer free consultations to evaluate your case and discuss your legal options.

Contact LawMD Today for a Free Case Review

If you or a loved one has suffered due to medical negligence, don’t wait to take action. Contact LawMD today for a free consultation. With our team of doctor-lawyers, we have the expertise to fight for the justice and compensation you deserve.