What is standard of care?

The standard of care is used to determine when a doctor can be held responsible for malpractice.  The standard of care is also used to determine cases of malpractice in all medical and dental fields.  It is a fairly subjective term and the precise definition can vary from state to state.

Generally speaking though, the standard of care is based on what other doctors with similar knowledge and licensing do in similar circumstances, or it can be based on what is determined by a state licensing board.  The standard of care can vary not only from state to state, but from local region to local region. A doctor practicing in an urban area may have access to different methodology than a doctor practicing in a rural area. These geographic differences are taken into consideration when determining the standard of care.

In the case of a doctor, there can be alternative forms of medicine which some doctors perform and others do not. A doctor must be able to defend the procedures he uses and must be able to prove that other doctors would treat a patient similarly under similar circumstances. The jury in a malpractice case will ultimately decide whether the doctors treatment was reasonable and appropriate based on evidence provided by both sides regarding the local standard of care.

Getting Legal Help

An experienced personal injury attorney in your area should be able to advise you on the standard of care appropriate for your local jurisdiction and help you determine whether a possible case of malpractice has occurred.