In most medical malpractice cases, a breach of the standard of care means that the defendant (sued or accused in court) failed to follow professional obligations to the patients. This means that the medical practitioner charged has committed negligence.
This is also one of the four key elements that need to be proven so a patient can file a lawsuit. Success depends on whether the claimant can prove it in a medical malpractice case. If a breach of the standard of care is not proven, the claim may be considered invalid.
A medical malpractice attorney can demonstrate a breach of the standard of care, leading to injury and financial, emotional, or physical damages for the victims.
Did Your Doctor Breach the Standard of Care, Causing You Harm?
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Understanding the Standard of Care
Standard of Care is the degree of care a prudent and reasonable person would exercise under the circumstances. In relation to malpractice cases, a physician or any attending health professional must perform his duty under the widely accepted guidelines in any clinical situation.
These guidelines (in descending order of relevance) can be the following:
- Laws and regulations passed by the federal and state (Patient's Bill of Rights)
- Court opinions
- Other regulatory statements, such as guidelines from licensing boards
- Authoritative clinical guidelines
- Policies and guidelines from professional organizations
- Journal/research articles
- Accreditation standards
- Facility policies and procedures
In a legal case, your attorney will work with a certified medical expert to testify and explain the factors listed above and with their own experience in doing such duty.
5 Examples of a Breach in Standard of Care
Healthcare providers can fail to meet the standard of care in many ways. The common types of medical negligence are as follows:
1. Failure to inform of the risks of a procedure or treatment
Informed consent is a safeguard for medical practitioners and patients. For patients, it gives them the right to control what treatments they want to have.
This ethical and legal principle requires healthcare providers to disclose all relevant information about proposed treatments, including potential risks and alternative options mandated by the NYS Hospital Patients' Bill of Rights.
Failure to adequately inform a patient about the risks associated with a procedure or treatment may serve as evidence against the defendant, potentially strengthening a medical malpractice claim.
2. Birth injury during the labor process
During childbirth, the child can sustain injuries such as Cerebral Palsy and Erb's Palsy. In addition to these injuries, children can also be harmed in other ways due to the negligence of medical providers overseeing the labor and delivery process, such as:
- Brain Bleed/Hemorrhage - Brain Swelling - Caput Succadaneum - Facial Laceration, and more. |
Birth injuries have long-term implications for the child and family, which can be profound, potentially requiring lifelong medical care, therapy, and support. This is why these cases often involve scrutiny of the actions taken by all healthcare providers involved in the delivery process.
3. Prescription errors
This type of medical error is also an example of a breach in the standard of care, especially when the physicians have done the following instances:
- Prescribing the wrong medication or dosage - Failing to consider drug interactions or allergies - Misreading or misinterpreting a prescription - Dispensing the wrong drug or dosage - Administering medication incorrectly or at the wrong time |
These mistakes can be caused by various factors, such as poor communication, inadequate training, or simple carelessness.
4. Failure to diagnose or misdiagnosis
This type of medical error can have serious consequences for patients, potentially leading to delayed treatment, inappropriate interventions, or worsened health outcomes. The typical medical misdiagnosis can be classified into the following:
- False Positive occurs when patients do not have whatever disease they are diagnosed with. |
- False Negative occurs when a patient is cleared for a health condition that they actually have. |
- Misclassification is when available symptoms are misattributed to another medical condition |
- Overdiagnosis is when a patient is diagnosed with a more severe condition when their disease has not progressed. |
- Underdiagnosis, a patient's condition is downplayed when their conditions have progressed severely. |
- Missed Comorbidities are when a patient’s condition has multiple considerations, but only one or some are diagnosed/acknowledged. |
Cancer diagnoses are particularly susceptible to these types of errors, given the complexity and variability of cancer presentations. Common cancers that are frequently subject to misdiagnosis include:
- Breast Cancer
- Cervical Cancer
- Colon/Rectal Cancer
- Endometrial Cancer
- Lung Cancer
- Ovarian Cancer
- Prostate Cancer
5. Surgical errors
Surgical errors are serious medical negligence that can have devastating consequences for patients. These errors can be broadly categorized into two types:
1. Errors of omission – These refer to surgical negligences wherein your doctor did not act accordingly. |
2. Errors of the commission – These refer to surgical negligence wherein your doctor took further incorrect actions. |
Both errors represent a breach of the standard of care expected from medical professionals. If you believe you have experienced either type of surgical error, it may constitute evidence of medical malpractice.
If any of these examples listed occurred in your case, you'll have a chance to prove your medical malpractice claim valid. However, note that you must prove the other elements, such as duty of care, causation, and damages. You should work with an experienced medical malpractice lawyer to help gather evidence proving these breaches.
What Can I Do If The Standard of Care Has Been Breached?
Individuals affected can seek compensation if a standard of care has been violated and harm has transpired. This compensation may entitle you and your family to these recoverable damages:
- Pain & Suffering
- Permanent Disability
- Lost Wages
- Medical Expenses
Due to the statute of limitations, it's important to act fast if you believe your doctor's care has breached standards. These laws determine how long you can file a lawsuit after certain events. According to CPLR 214-A, you can file a medical malpractice claim 2 years and 6 months from the date of malpractice or the end of continuous treatment.
Let The Porter Law Group handle all necessary filing and negotiations promptly while you and your family focus on recovery.
Seeking Compensation After Receiving Substandard Medical Care?
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Speak to a Medical Malpractice Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.