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Standard of care in medical malpractice cases

On Behalf of | Apr 3, 2020 | Medical Malpractice |

Though we expect the medical professional to have the answer to every question we ask and a solution for all our ailments, the reality is that they are also human. This means they are liable to make mistakes, just like anyone else, with a huge difference—a medical mistake could be the difference between life and death for Pennsylvania patients.

Patients expect their doctors to exhibit a certain degree of professionalism and proficiency and when this standard of care is breached, it may be possible to hold them accountable for their medical errors. However, proving medical malpractice can be difficult, as expert witnesses are reluctant to turn on others in the medical field.

Medical negligence is established when the victim can demonstrate that there was a patient/doctor relationship between the two parties, there was a breach of the relevant standard of care owed by the doctor to the patient, a causal connection between the breach and the resulting injury, and injuries to the patient. Demonstrating the applicable standard of medical care owed to the patient involves showing what others recognized in the same field are meeting.

Medical malpractice can also result when a medicine is prescribed negligently or a manufacturer’s advice is ignored when prescribing a medical device. Generally, it is believed that a medical professional has the necessary information from the manufacturer to determine if the device is right for the patient and it is therefore their primary responsibility to inform the patient about the risks and side effects of a device or medicine.

Experienced legal professionals know various tactics to get medical experts to testify, in addition to applying various legal doctrines such as res ipsa loquitor in order to prove negligence on the part of the medical professional. Consulting one may help victims figure out their legal options.


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