Skip to content

New York Personal Injury Attorneys

Defining the Medical Standard of Care in Medical Malpractice

April 5, 2021 in

Doctors spend years of rigorous schooling and residency in order to earn the ability to practice medicine on others. While most doctors carry out their duties to a high degree of success every single day, sometimes doctors make errors that can lead to inadequate care, injuries and even death. These errors, called medical negligence, can place patients at risk.


While it is not an official medical term, the “medical standard of care” is a criterion used by legal teams to determine whether or not the care provided by a medical professional was reasonably sufficient. Below, the medical malpractice attorneys at Sullivan Papain Block McManus Coffinas & Cannavo P.C. define the medical standard of care and how it is used by legal professionals to determine whether or not negligence occurred.


What is the Medical Standard of Care?


In order to determine whether or not medical negligence occurred, attorneys reference the medical standard of care.  The standard of care is care that is considered reasonable by a medical professional under the circumstances. It is a standard expected of all medical professionals with similar backgrounds in the field. Typically, when alleged negligence occurs, a legal team will consult with a medical expert to see if the standard of care was met.


How Does the Medical Standard of Care Define What is Reasonable Care?


By consulting with expert physicians attorneys compare the actions of the medical professional in question to the practices of other care providers in the same specialty. Comparing serious medical mishaps to what is considered reasonable care helps attorneys to determine whether or not malpractice may have occurred.


What Are Common Types of Medical Negligence?


Medical negligence can occur in a variety of ways. Negligence can either be a failure to carry out certain duties expected of a medical professional, or it can be improperly performing something such as unnecessary surgery. Below are several  types of medical negligence:


  • Failure to properly diagnose a condition,
  • Delaying a diagnosis,
  • Misreading lab results,
  • Prescribing improper doses of medication,
  • Discharging a patient too early,
  • Failing to follow up with patients regarding their condition,
  • Performing surgery on the wrong part of the body,
  • Leaving surgical instruments behind in the body, and
  • Errors in administering anesthesia.


All of these medical mistakes can result in harm to the patient by causing a progression of a medical condition like cancer or causing the patient to undergo additional surgery to repair mistakes that have been made.


What Do I Do If I Am a Victim of Medical Malpractice?


Medical malpractice is a tragedy because it harms victims that are trusting their doctors with their lives, and who have faith that those in charge of their care will carry out their duties to the best of their abilities. Our medical malpractice attorneys are committed to representing victims of malpractice and ensuring they receive proper justice. Every medical malpractice case we handle is handled by highly trained lawyers who are committed to helping victims recover the maximum amount of compensation for their injuries. If you or a loved one suffered at the hands of a negligent medical professional and are seeking justice, contact our team of medical malpractice attorneys today.

Free Case Evaluation

Our fee is on a contingency basis. If we don’t recover money for you, we will never charge you. If you are unable to come to any of our offices, we are happy to visit you at home or in the hospital.

*Field Required

Contact Information


Skip to content