The standard of care defines what the defendant should have done. In medical cases it is what a reasonably competent practitioner in the same field would have done under similar circumstances, established through expert testimony.
It is not a standard of perfection or best practice, and a bad outcome does not establish a breach.
Alternative Names:
Applicable Standard of Care, Medical Standard of Care
Why it Matters?
Defining the standard is where malpractice cases are won and lost, because the plaintiff's expert typically articulates it at a level of specificity favorable to the claim. Defense strategy narrows it to what the specialty actually required at the time, using clinical practice guidelines, contemporaneous literature, and the range of acceptable approaches. Establishing that reasonable practitioners could differ frequently defeats the claim.
Frequently Confused with
Frequently asked questions
Is the standard of care the same as best practice?
Do clinical practice guidelines set the standard?
