What Is the Standard of Care in a Medical Malpractice Lawsuit?
If you’re injured because of the wrongful acts of another person, you have a right to seek damages (financial compensation for your losses) in a court of law. Most personal injury lawsuits are based on allegations of negligence.
What Is Negligence?
To successfully prove negligence in court, you must show three things:
- that the defendant (person from whom you seek compensation) breached the standard of care by not acting reasonably under the circumstances,
- that the breach of the standard of care caused an accident or injury, and
- that you suffered actual losses as a result of the accident or injury.
In most personal injury claims, the standard of care is that of a reasonable person under the circumstances. The law doesn’t give much more guidance, simply identifying a reasonable person as “an ordinary person of average prudence.” The standard of care is different, however, in claims alleging medical malpractice.
What Is the Standard of Care in a Medical Malpractice Lawsuit?
Medical professionals, because of their specialized training, and because of the trust that society puts in them, are expected to adhere to a higher standard of care. As the law has evolved in New Jersey, a doctor or nurse must provide the same level of care as that provided:
- by a reasonably competent and skilled healthcare professional,
- with similar training, background, and experience,
- under the same circumstances, and
- in the same medical community.
Jurors are not, however, expected to know what the standard of care is for a particular medical professional. That standard is established through the testimony of an expert witness.
Contact Our Office
At the Lee Law Firm, we have extensive knowledge and experience successfully handling medical malpractice claims. Call us at 973-315-9080 or contact us online to schedule an appointment. We are available to meet with you evenings and weekends, if necessary. We welcome all major credit cards. ¡Nosotros hablamos español!