medical standard of care | Kansas City Malpractice AttorneyWhen health care professionals make mistakes, patients suffer life-altering consequences. These errors—whether a misdiagnosis, surgical error, or medication mistake—can lead to additional treatments, permanent disability, or even death. The medical standard of care is the benchmark against which all medical decisions and actions are measured.

Understanding the concept of medical standard is crucial if you believe you've been impacted by medical negligence. Below, the experienced medical malpractice attorneys at Fowler Pickert Eisenmenger Norfleet in Kansas City, Missouri, explain what medical standard of care means, how it's established, and why it’s so important in malpractice cases. 

What Is Medical Standard of Care?

Medical standard of care can be defined as the level of attention, caution, and prudence that a reasonably competent healthcare professional would provide under similar circumstances. This benchmark isn't about perfect medicine—it's about reasonable, appropriate care that meets accepted professional guidelines.

Meeting an acceptable standard of care doesn't demand extraordinary skill or the absolute best possible outcome. Rather, it requires competence—the level of skill and knowledge that would be expected from a reasonable health care provider with similar training and experience in the same situation.

When health care providers fail to meet this standard, whether through action or inaction, and a patient is harmed as a result, medical negligence may have occurred. This deviation becomes the foundation for a medical malpractice claim.

How Medical Standard of Care Is Established in Court

In Kansas City medical malpractice cases, establishing the applicable standard of care involves several critical elements that help determine whether negligence occurred.

Expert Witnesses

Medical expert witnesses play a vital role in defining the appropriate standard. These are typically health care professionals with the same or similar credentials as the defendant. Based on their knowledge and experience in the field, they explain to judges and juries what a reasonably skilled professional would have done in the same situation.

Medical Literature

Medical literature, including peer-reviewed journals, textbooks, and clinical guidelines published by professional organizations, helps establish accepted practices. These publications provide documentation of current medical consensus on treatments, procedures, and diagnostic approaches for various conditions.

Health Care Facility Protocols

Hospital protocols and policies often reflect industry standards and regulatory requirements. These internal guidelines show what the health care facility itself considers appropriate care, making them valuable evidence in establishing the expected standard of care.

Regulatory Requirements

Regulatory standards from organizations like The Joint Commission, state medical boards, and federal agencies set minimum requirements for various aspects of health care delivery. Violation of these standards may indicate a failure to meet the expected level of care.

Customary practices within the medical community also inform the standard of care. While not always documented in writing, these commonly accepted approaches represent what most practitioners would do in similar circumstances based on their training and experience.

Standard of Care Variations Across Medical Specialties

The medical standard of care isn't universal. Depending on a health care provider's specialty, it can change significantly, creating important distinctions in medical malpractice cases. Factors that impact the standard of care across specialties include: 

Expertise Level

Different specialties require varying levels of expertise in specific areas. A neurosurgeon is held to a higher standard when performing brain surgery than a general practitioner. Conversely, a family physician might be expected to have broader knowledge across multiple conditions than a highly specialized doctor.

Training Requirements

Training requirements vary dramatically between specialties. Some require years of additional residency and fellowship training beyond medical school. The standard of care reflects these different training paths and the knowledge they should impart.

Specialty-Specific Protocols

Each specialty has its own treatment protocols and approaches. What might be standard practice in oncology could be inappropriate in cardiology. These specialty-specific standards emerge from research, professional consensus, and clinical experience particular to each field.

Specialty-Related Risk Profiles

Risk profiles differ across specialties. Some fields regularly deal with high-risk procedures or critical conditions where small errors can have devastating consequences. The standard of care accounts for these different risk environments and expected safety measures.

Technology and Equipment

Medical technology and equipment vary by specialty. A radiologist has access to different diagnostic tools than a psychiatrist. The standard of care considers what technology should reasonably be available and properly utilized within each specialty area.

Medical Standard of Care: The Fundamental Basis for Determining Malpractice 

Several specific elements related to standard of care must be proven for a Kansas City medical malpractice attorney to successfully establish medical negligence. 

Doctor-Patient Relationship

A doctor-patient relationship must have existed, establishing the health care provider's duty to provide care meeting appropriate professional standards. This type of relationship creates a legal obligation for the doctor to treat the patient according to accepted medical standards for their specialty and circumstances.

Breach of Duty

The health care provider must have failed to meet the applicable standard of care. This breach occurs when the provider's actions or decisions fall below what a reasonably competent medical professional who has similar training would have done in the same situation.

Causation of Injury

The provider's breach of the standard of care must have directly caused the patient's injury. This causation element requires showing that the harm wouldn't have occurred without the health care provider's negligence. 

Actual Damages

The patient must have suffered actual damages from the substandard care. These damages may include additional medical bills, lost income, pain and suffering, disability, or decreased quality of life. Without provable harm, even negligent care may not support a viable malpractice claim.

Spencer Eisenmenger
Helping Kansas City area medical malpractice, product liability, birth injury and personal injury clients.
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