Lee Law Firm logo
(973) 315-9080

Hablamos Español!

The Standard of Care in a Medical Malpractice Claim

Medical Malpractice Claim Personal Injury Claims
September 27, 2018
By
Lee Law Firm , LLC

Proving that a Medical Professional Did Not Provide the Appropriate Level of Care

In most personal injury claims, the legal theory upon which recovery is sought is negligence. To prove negligence, you must show that the defendant (person or entity being sued) breached, or failed to use, the expected level of care in whatever action caused the accident. In a general personal injury claim, that level of care is based on what a reasonable person would do.

In medical malpractice claims, the principle of negligence still applies. However, with doctors and other medical professionals, because of the specialized training, the standard of care is different. For medical professionals, including doctors and nurses, the standard of care has three components:

  • That of a reasonably competent and skilled medical professional
  • With similar training and experience
  • In the same medical community

Accordingly, if a health care professional has a specialty, the standard of care will be based on what other professionals with the same specialty, in the same geographic location, would do. There are no guidelines set forth in the law, however, to establish whether certain actions were reasonable—what constitutes reasonable behavior is determined by a jury on a case-by-case basis. To help the jury decide whether a medical professional’s conduct met the standard of care, it’s customary (and even mandatory in some states) for the parties to present expert witnesses who will testify about acceptable standards of care.

Contact Our Office

At Lee Law Firm, we have extensive knowledge and experience successfully handling personal injury claims. We take all personal injury cases on a contingency basis—you won’t pay any attorney fees unless we recover compensation for your losses.

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!

Related Blog Post

nursing home care
Nursing Home Operators Ordered to Report Data on Infections and Deaths According to data collected by the United States government, an estimated one of every four nursing homes in America has had residents infected by the coronavirus. That statistic has motivated federal officials to seek data from over 15,000 nursing home facilities across the country. Operators will […]
young driver safety

How To Stay Safe At Work

July 27, 2018
By
Lee Law Firm , LLC
Premises Liability
When New Jersey residents go to work each day, they usually do not consider the possibility that they might slip and fall. People encounter many hazards each day that might cause an accident, however, and it is important to understand how people can make sure their work environment is safe. People can easily slip or […]
PERSONAL INJURY CLAIM FORM

The State of Mind of the Defendant in a Personal Injury Claim

May 5, 2022
By
Lee Law Firm , LLC
New Jersey Personal Injury Claims
How State of Mind Affects Proof Issues When you’ve been hurt or suffered an illness because of the wrongful behavior of another person, you have the right to bring a lawsuit seeking full and fair compensation for any damages or loss caused by that conduct. One of the key elements that you must prove in […]

PROUDLY SERVING THE STATE OF NEW JERSEY

Email us using this contact form and we will quickly reach back out with answers.

lee law firm Springfield map

SPRINGFIELD OFFICE

150 Morris Ave. Suite 202 
Springfield, NJ 07081
 (973) 315-9080
(973) 315-9081
GET DIRECTIONS

NEWARK OFFICE

600 Mt. Prospect Avenue
Newark, NJ, 07104
 (973) 315-9080
(973) 315-9081
GET DIRECTIONS

SERVING AREAS

Springfield
Elizabeth
East Orange
Perth Amboy
Essex County
Passaic County
Bergen County
Hunterdon & Somerset County
Newark
Clifton
Plainfield
Jersey City
Union County
Middlesex County
Hudson County
Monmouth County
© 2024 Lee Law Firm, LLC . All Rights Reserved. Terms & Conditions | Privacy Policy
Powered By: