In the practice of medicine, the standard of care is the level of care that an average, prudent provider would be expected to give to a patient. It is the way a reasonable doctor, possessing the same background and education and faced with the same circumstances, would have acted in a given situation.
The standard of care is an important component of a medical malpractice case. For the plaintiff to prevail, they must show it is more likely than not that the defendant failed to uphold their standard of care when treating the plaintiff.
What “Reasonable Person” Means When Determining the Standard of Care
Since medicine is such a broad field, encompassing hundreds of disciplines and addressing countless unique situations, it is impossible to imply a single, cut-and-dry standard of care to any circumstance a doctor or medical provider might face.
In an effort to create a fluid standard flexible enough to apply to such a broad range of circumstances, the medical community developed the “reasonable person” test.
The person in question is not a specific, living, breathing human. Rather, it is a stand-in representing a reasonable and prudent medical provider faced with the same situation as the one whose conduct is being judged.
Reasonable Person Example
Here is an example to show how a lawyer might use the reasonable person test to show that their client’s doctor failed to uphold the standard of care.
Suppose the plaintiff went to the doctor complaining of certain symptoms. The doctor conducted a perfunctory exam and then dismissed the ailment as something minor that the patient could treat with an over-the-counter medicine. A couple of months later, the patient returned, complaining of the same symptoms, stating they never fully went away. Again, the doctor recommended an over-the-counter product and sent the patient home.
Finally, the patient sees another doctor, who orders much more robust testing. The tests confirm the patient has cancer.
Filing a Medical Malpractice Lawsuit
The patient may be able to file a malpractice lawsuit against the first doctor for failure to diagnose cancer. The patient’s lawyer may hire expert medical witnesses to assess the situation and give their opinions on how another doctor in the same situation would have acted.
If the experts agree that another doctor — the “reasonable person” — more than likely would have diagnosed the cancer, then the first doctor has breached their duty of care.
Call Newsome | Melton Today at 888-526-8947
The medical malpractice lawyers at Newsome | Melton want to help you recover compensation for your injuries. We fight aggressively to hold the person who caused you harm liable.
For a free case evaluation with a member of our team, call 888-526-8947 today.
Standard Of Care - Frequently Asked Questions
You could recover damages if a doctor misdiagnosed or failed to diagnose cancer in you or a loved one. Though it is impossible to estimate a dollar amount without knowing more details, many settlements or judgments total hundreds of thousands or even millions of dollars. When patients present symptoms associated with cancer and doctors failRead More
Before filing a lawsuit or claim, you must determine if a doctor, hospital, or other health care provider has committed medical malpractice. An attorney can help with this process. To determine if malpractice occurred, your lawyer will need to prove the existence of four conditions: The doctor or health care provider had a duty ofRead More
Standard Of Care - News Articles
Jump To: The Law of Medical Malpractice in Mississippi:I. Overview of Basic Principles and ConceptsII. Filing Deadlines for Medical Malpractice ClaimsIII. Presuit Notice and Medical Expert ConsultationIV. Immunities and Limitations on LiabilityV. Medical Expert WitnessesVI. Comparative Negligence / Proportionate LiabilityVII. Limitations on DamagesVIII. Limitations on Attorney FeesIX. Patient Compensation FundsX. Apologies and Sympathetic GesturesXI. CommunicationsRead More
Hudson E. Myers was born with a rare heart condition requiring the replacement of his aortic valve, which is found on the left side of the heart. In 2006, when he was 17-years old, Doctor James H. Oury replaced the aortic valve with his pulmonary valve and replaced that with one from a cadaver. TheRead More