Med Mal 101 - What Does Standard of Care Mean? 

What Is a Medical Standard of Care?

In the health care profession, the term 'standard of care' refers to the quality of care that a competent professional would be expected to provide under a specific set of circumstances. Next time you take your car to the mechanic, ask if there are rules or procedures in the profession regarding how to properly change oil, do a tune-up, or put your car onto the lift. Ask your hairdresser if there are rules about how to apply hair color. Ask your contractor whether building a wall requires knowing something about carpentry. If you drive, you can even ask yourself, are there rules of the road I am expected to follow whenever I get behind the wheel of my car?

Of course, the answer to all of these questions is yes. Rules apply to everyone (even lawyers) for all manner of tasks. So it is with nurses, doctors, hospitals, and every other caregiver, except that when we speak of the medical profession, we call the rules standards of care. But don’t let this confuse you: standards of care are the rules the medical professionals must follow. Nothing more, nothing less.

Who Determines the Standard of Care — And When It Is Breached?

Both sides in a medical malpractice case agree that health care professionals must maintain a reasonable standard of care. The difficulty lies in determining the extent of care required in a specific situation — and whether the allegedly negligent professional followed best practices. Some people ask if there is a rule book that contains all of the rules that nurses, doctors, and hospital are supposed to follow. The answer is no, because it would be impossible to have a written rule for every situation faced by a medical professional; however, the things taught in medical school, on the job, in research articles, in medical textbooks, at medical seminars, at professional meetings, and even by certain state and federal laws are all potential rules the medical profession must follow. The point is, just like the car mechanic, nurses, doctors, and hospitals cannot do what they do without learning and applying the rules of their profession.

In medical malpractice cases, plaintiffs and defendants typically call on expert witnesses to testify about what the standard of care is for a particular health care situation. Expert witnesses must demonstrate considerable knowledge, skill, and credentials. If qualified, the expert witness can provide valuable insight regarding the specifics the case and how that might be applied to the concept of “reasonable” care.

In determining breach of standard of care, courts don't necessarily focus on the outcome, except to draw a connection between the patient's suffering and the professional's actions. Instead, methodology is studied closely to determine whether the person supposedly at fault proceeded in the manner of a competent professional. For example, if complications in anesthesia caused a patient’s suffering, the anesthesiologist might not be found at fault if courts determine that a competent anesthesiologist would have taken the same course of action — even if the hypothetical anesthesiologist's actions would have resulted in the same outcome.

It’s important to note that the outcome isn’t irrelevant in a medical malpractice case. In fact, it is one of the central components of a medical malpractice case. After all, if a patient hasn’t experienced injury or illness due to the mistakes of the medical professional, they will find little success in a claim.

Connecting Breached Standard of Care to Victim Suffering

Medical malpractice cases require plaintiffs to prove not only that a standard of care existed and was not met by the accused professional, but also that this breached standard directly resulted in the patient's suffering. Some medical professionals don’t follow the rules (fail to uphold the standard of care)— but their negligence does not necessarily result in physical or emotional suffering. In such situations, there is no medical malpractice case.

If you believe that you've suffered harm at the hands of a health care worker who failed to abide by a medical standard of care, you may be able to receive compensation for the damages associated with your suffering. While standard of care may seem like a murky concept, it will play a chief role in determining the negligent provider's culpability — and whether you emerge from your malpractice case with compensation.

Because these cases can be complex, it is best to consult a medical malpractice attorney with experience handling cases similar to yours. A skilled attorney will be able to determine your case’s chances of success and help you better understand your legal options. There is a statute of limitations on medical malpractice claims, so it is always best to act quickly.