Standard of Care

What is a Standard of Care?

The Standard of Care in a given setting is the level of care that the average person would apply in that setting. Care encompasses the level of diligence and skill that the average person would be able to apply to a given scenario. According to Cornell Law School’s Legal Information Institute, standard of care is an “essential concept” in cases of negligence.

The standard care of an average person revolves around what is known as the reasonable person standard. The average person may have specified knowledge in a certain field that is greater than average. However, the reasonable person standard holds individuals to acting how the average person would given that they have similar knowledge. For example, the average person may not have the medical knowledge of a doctor. But doctors are held to acting in a way that the reasonable person would act if they did have such knowledge. This is important in medical malpractice cases, where appropriate standard of care must be specified before it can be proven if that standard was breached or not.

There are certain circumstances that apply different standards of care. Adults, for example, are held to higher standards of care than children. Any profession is held to a specific standard of care. A doctor that consistently provides incorrect diagnoses may be able to be found liable for damages incurred from those misdiagnoses, simply because the average, reasonable doctor would not do that.

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Birth Injury Lawyers

A child’s birth should be a cause for celebration. But when negligent medical professionals cause your child to experience fetal distress, oxygen deprivation, or physical trauma, you have a right to take legal action.

The long-term costs for medical care for your child, along with the emotional trauma you’ve had to endure, can be a burden too significant to handle on your own. At Munley Law, we fight for the injured children and their families who suffered from a birth injury. Let our birth injury attorneys help you get the financial compensation you need for your baby.

What is a Birth Injury?

BirthAccording to the National Library of Medicine, a birth injury is any damage to the newborn’s body due to an adverse event that occurred at birth. Birth injuries can occur at any point in the birthing process or during pregnancy. […]

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Personal Injury Glossary Terms

This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W

A

Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.

Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]

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Pittsburgh Erb’s Palsy Lawyer

Erb’s Palsy is a full or partial paralysis of the arm caused by nerve damage. Because Erb’s Palsy is often avoidable, in some cases, parents may be able to take legal action against the doctors or other medical professionals involved in the delivery process. This kind of personal injury case, which falls under the umbrella of , is complicated. Working with a Pittsburgh Erb’s Palsy lawyer with specific expertise in this subject area is the best way to set yourself and your family up for success.

Contact our Munley Law today for a free consultation and learn how we can fight to protect your best interests after a birth injury.

What Is Erb’s Palsy?

Pittsburgh erb's palsy lawyerAlso known as Erb-Duchenne paralysis, Erb’s palsy is one of multiple possible brachial plexus injuries. The brachial plexus is a network of nerves with roots in the neck, […]

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Pittsburgh Medical Malpractice Lawyer

Get a Pittsburgh medical malpractice lawyer who will fight for you

When we put our lives in the hands of a doctor or medical professional, we trust they will do their best. Unfortunately, medical errors happen too often in Pittsburgh. Many times, a mistake is just that — a mistake. However, if the medical was caused by a negligent doctor, nurse, or other medical professional which resulted in further harm to you or a loved one, you have the right to take legal action. To take the first step towards getting your life back, schedule a free consultation with a  lawyer at Munley Law today.

We know a lot of medical lawyers talk the talk, but there is only one law firm that wins the way we do. Our firm was founded in 1959 with a simple mission: to fight for justice for all accident victims and never back down against the “big guys.” For the last 60 years, […]

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Philadelphia Construction Accident Lawyer

Now more than ever, construction sites are popping up around Philadelphia.  While that is good news for the City’s development, it also comes with risks. Almost 1,000 construction workers died on the job in 2021, and in 2020, there were 213.3 nonfatal accidents per 10,000 construction workers. Indeed, construction workers have one of the top ten most dangerous jobs in the United States. Be it a fall, falling object, electrocution, or an accident involving workplace tools, construction sites are dangerous.

If you or a loved one has been injured on a construction site, you should contact an experienced Philadelphia construction accident attorney about your options. Together, we can make sure you recover the financial compensation necessary to move forward.

What About Workers’ Compensation?

Top view, construction building and team planning with blueprint, collaboration and conversation. A.Working on a construction site, you’ve likely heard about workers’ compensation. Workers’ […]

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