Breach requires proof that the provider's conduct departed from what a reasonably competent practitioner in the same field would have done under similar circumstances. Expert testimony establishes the standard in nearly all cases.
A bad outcome alone does not establish breach.
Alternative Names:
Standard of Care Breach, Deviation from Standard
Why it Matters?
The distinction between a bad outcome and negligent care is the entire defense in most malpractice cases, since complications occur without any deviation and medicine involves recognized risks that materialize despite competent treatment. Establishing that the complication is a known risk of properly performed treatment, with literature quantifying its incidence, is the foundation. Judgment calls within a range of accepted approaches are separately defensible.
Frequently Confused with
Frequently asked questions
Does a bad outcome establish breach?
What supports the defense?
