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What Is "Standard of Care" in Medical Malpractice Cases?

If you're considering whether to file a medical malpractice suit, you may have come across the phrase "standard of care." This is an essential consideration when a judge and/or jury is making a decision on this type of lawsuit.

Obviously, no physician or medical professional can guarantee that nothing will go wrong or that a bad outcome won't occur when treating a patient. However, they are expected to provide a level of care that a "reasonable person" would expect. If they neglect to provide that standard of care, either by their action or inaction, they can be held liable if a patient suffers an injury or illness as a result.

According to Florida law, "The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers."

The concept of "standard of care" can be used in other situations besides medical care. People of all walks of life can be held liable for not exercising a reasonable standard of care in their jobs or in other activities.

It can be difficult for people who aren't in the health care profession to determine whether a medical professional can and should be held liable when they or a loved one has been injured or died. Miami medical malpractice lawyers can work to get all of the necessary medical records to obtain a clear understanding of that happened. They can then provide advice and guidance on the best course of action.

Source: FindLaw, "Standards of Care and the "Reasonable Person"," accessed Jan. 28, 2016

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