The standard of care in medical malpractice cases is specific to the professional context. It is different from the standard in ordinary personal injury cases, which is based on what a reasonable person would do. A health care provider is required to act as a competent health care provider in the same specialty would act when treating a similar patient. Since judges and juries would not understand this standard on their own, the patient will need to introduce expert testimony to explain the standard of care. The expert generally must be from the same specialty as the defendant, or at least be familiar with it.
Was this article helpful?
How can we improve this article?
Related articles
- Do I need to make a complaint regarding the doctor, hospital, health care provider or medical provider who committed medical malpractice or negligence and injured or hurt me?
- Before filing my medical malpractice or negligence case/lawsuit, do I have to give notice to the doctor, hospital, medical provider or health care provider who committed malpractice or negligence/whose malpractice or negligence injured/hurt me? What is the medical malpractice or negligence presuit screening period? What is a notice of intent?
- What is the Florida Patient’s Compensation Fund? Can I get compensation from/compensated by the Florida Patient’s Compensation Fund?
- Do I need a lawyer for a medical malpractice case?
- What are the reforms that have been proposed for medical malpractice laws?
Recent Articles
Articles you view will appear here.