Doctors are expected to at least meet the standard of care in every case they work on. This is often not a problem because most doctors go above and beyond what’s expected. When a patient doesn’t receive the appropriate care, they may suffer harm. One element that may go into the medical malpractice claim they file is whether the standard of care was breached or not.
Proving that the standard of care was breached isn’t always an easy feat because the standard isn’t the same in every case. Instead, it changes based on various factors. In order to have a suitable starting point, you can turn to the National Guideline Clearinghouse, which collates the clinical practice guidelines that physicians should use to care for patients.
The doctor’s training can impact the standard of care. Patients who see specialists for a condition, for example, have a right to expect that they’ll receive a higher standard of care than what they’d get from a general practitioner. The available technology can also impact your standard of care because this has to do with what the doctor has access to and what options for diagnostic testing and treatment are present.
Because of the variations in the standard of care, many medical malpractice cases will hinge on having expert testimony. This can be rather difficult to obtain because the medical community is pretty tightknit. Still, some doctors are willing to speak up on behalf of the patients. Working with an attorney who is familiar with these cases may make this aspect of the case a bit easier since they may have individuals who they can call on.