Marciano & MacAvoy, P.C.

Thursday, December 22, 2016

Understanding Standard of Care And How It Affects Your Case

Medical malpractice can be a difficult thing to determine. Since even the best doctors sometimes misdiagnose patients or experience unforeseen complications, a bad outcome does not mean that medical staff did anything wrong. Instead, malpractice is determined by whether or not the doctors met an adequate standard of care. MarcianoLegal.com gives more information about what medical malpractice is.

What Is the Standard of Care?


In general terms, the standard of care is what an average health care provider with similar training and a reasonable amount of skill would do in a specific situation. This includes both the amount and type of care a patient should receive. For example, if a patient is misdiagnosed because a provider did not order a test that is considered routine for his symptoms, the provider may have been negligent. However, if the patient is misdiagnosed because routine tests did not catch key symptoms, the provider probably was not negligent even if more extensive testing would have resulted in the correct diagnosis.

Standard of Care and Best Practices


The key to understanding standard of care is to remember that it is a legal term, not a medical one. Many people confuse it with the idea of best practices, which are the ideal standard of treatment. However, standard of care is much more basic. It allows for physicians to make mistakes or provide a lower level of care, as long as it still falls within average levels.

The Difference Between Malpractice and Other Types of Negligence


The most common standard for negligence is based on the idea of what a reasonable person would have done in any given situation. However, since juries are not generally made up of other doctors, it can be difficult for them to determine what a reasonable medical professional would do. In addition, almost all medical procedures come with a risk of complications, so deciding whether it was reasonable can be difficult.

Instead, medical malpractice decisions are based on customary practices and whether the doctor followed them. This protects doctors from the risk of being successfully sued for normal complications, while still holding them accountable for true negligence.

Speak With A Pennsylvania Catastrophic Injury Attorney Today

If you believe that you or a loved one suffered a catastrophic injury, you can contact the attorneys at Marciano Legal today.
 
We have an office in Philadelphia, PA where we help clients throughout the State of Pennsylvania to file lawsuits.
 
Call our office today to schedule a free consultation or visit us at our Philadelphia office located at:

Marciano & MacAvoy, P.C.
1515 Market St #1600
Philadelphia, PA 19102
215-866-1942

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