The following article is from the lawyers at Percy Martinez Law Firm.
A frequent topic of discussion that comes about with medical professionals is the true meaning of “standard of care.” It is discussed on a wide scale throughout the medical world, but it is a legal term that many people do not comprehend. Some people define it as one thing, while some define it as another. Yet, it is something that needs to be performed in the case of every patient seeking medical assistance.
In 1932, Donoghue v Stevenson established the principle “duty of care.” It was recognized that a person has a duty to take reasonable care to avoid injuries that could otherwise be prevented. In this case, a medical professional has to apply a certain duty of care to their patients to prevent them from enduring an unnecessary injury. A patient and a doctor have a special relationship once they establish a duty of care. The medical professionals must adhere to the standard of care required within the medical field, which is something the medical malpractice lawyers located in Orlando understand fully.
Medical professionals are often faced with medical malpractice cases every year. When a medical professional is faced with a medical malpractice lawsuit, the standard of care had to have fallen short of acceptable. According to the New England Journal of Medicine(2004), “In legal terms, the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. The medical malpractice plaintiff must establish the appropriate standard of care and demonstrate that the standard of care has been breached.”
Breaching the Standard of Care
Once a duty of care has been established between a physician and a patient, the physician owes the patient a certain standard of care. The way that standard of care is determined is by consulting a similarly medical professional. Figuring out whether the medical professional would have acted in the same way if they were in the identical situation as the medical professional that breached the standard of care. They have to have acted reasonably with the decisions they made.
Once a breach has occurred, the medical professional has performed some type of negligence. The following are instances where the standard of care can be breached:
- Giving an incorrect medication to a patient
- Giving the incorrect dosage amount
- Not diagnosing a medical condition
- Not correctly treating a medical condition
Serving Victims of Breached Standard of Care in Orlando
Standard of care is required by every medical professional. Once a patient has established a relationship with a physician, the physician must provide a high-quality level of care. When they fail to do so, a patient can fall victim of a medical malpractice injury. These types of injuries can not only be painful, but they can also become deadly. The lawyers at Percy Martinez Law Firm are knowledgeable about all the laws surrounding medical malpractice cases and work to win their clients the compensation that they warrant.