The standard of care is the generally accepted procedures and practices used by healthcare providers when treating patients. The standard of care can determine whether certain actions are acceptable or constitute medical malpractice.
How are the Standards Decided?
Quantifying the standard of care to one specific set of rules or guidelines is simply not possible. Instead, the standards are being constantly developed by an army of researchers, doctors, and regulatory offices to try to nail down the proper steps for medical professionals to take during countless medical procedures. The standard of care will vary with each different disease or disorder. It is typical for the standards to evolve as research continues and technology advances.
Maryland operates under the “national standard of care.” This means that healthcare providers in Maryland have a duty to use the care and skill which is expected of a reasonably competent practitioner in the same class, acting in the same or similar circumstances, taking into account advances in the profession, availability of facilities, specialization or general practice, proximity of specialists and special facilities, and all other relevant considerations. See Shilkret v. Annapolis Emergency Hosp. Ass’n, 276 Md. 187, 200-01 (1975).
Role of Standard of Care in Medical Malpractice Law
The standard of care is a critical component in every medical malpractice case. It highlights what should have been done during a medical procedure and can be used to figure out what was done that should not have been done, or what was not done that should have been done. For a Plaintiff, expert testimony is used to establish the standard of care, and then prove that the healthcare provider deviated from the standard of care, that the deviation was a cause of the injury, and that damages resulted from that injury. However, the Defendant’s experts will likely disagree with Plaintiff’s experts, and claim the standards were upheld. Thus, at trial the court must parse through two potentially differing sets of standards. For that reason, an experienced medical malpractice lawyer is a valuable asset to any victim of medical malpractice.
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.