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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Doctor to Pay $3 Million for Birth Defects Suffered 18 Yrs Ago
PostStar.com reports a Warren County state Supreme Court has found a doctor should pay $3 million to a now 18-year-old girl who continues to suffer from birth defects.
The jury found Dr. Stephen Serlin, an OB/GYN should pay the girl who suffers from cerebral palsy and other health issues she suffers because of a brain injury at birth. Dr. Serlin was found to have “deviated from the acceptable standard of care” which was a large factor in the girl’s health issues.
He was called to the hospital at 5 a.m. to perform an emergency Cesarean section. He arrived 2 hours later and did not start the surgery until 8:14 am – a delay where the brain injury occurred. The baby suffered “fetal asphyxia” in the womb due to a compressed umbilical cord.
Birth traumas are injuries that happen to a newborn during labor and delivery. […]
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$2.6M Medical Malpractice Verdict In Bethlehem
Doctor at fault for cancer misdiagnosis
Cancer is one of the most common causes of death in the United States, and failure to properly diagnose this disease can be devastating – even fatal – to the patient. When this happens, it may result in a medical malpractice charge against the healthcare givers.
A ruling by the Pennsylvania Supreme Court has ended a two-and-a-half year journey through the state courts for a $2.6 million medical malpractice verdict against St. Luke’s Hospital & Health Network and one of its gynecologists.
The case was filed in Lehigh County; the plaintiff alleged that her doctor breached the standard of care when he did not advise her to have a biopsy on what turned out to be a cancerous lump in one of her breasts.
Our attorneys have decades of experience handling complex medical malpractice cases. […]
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Woman Settles Flesh-Eating-Bacteria Medical Malpractice Lawsuit
The Orlando Sentinel reports a woman who ended up having both arms and legs amputated, allegedly due to a flesh-eating-bacteria, has settled her lawsuit against the hospital for an undisclosed amount.
After delivering a son at the Orlando Regional Healthcare System, Inc. (now called Orlando Health) in 2005, the woman developed a rash, fever, chills and other symptoms. The next day, even though she was in extreme pain the hospital tried to discharge her, according to her lawsuit, but her husband refused to take her home, and the following day surgery revealed she had gangrene in her belly.
Her condition grew worse and it was determined her body was being ravaged by Group A Streptococcal infection – a flesh eating bacteria. In hopes of saving her life, health care personnel amputated all four of her limbs. She is now confined to a motorized wheelchair.
Medical negligence is the result of a health care provider’s failure to provide the expected standard of care. […]
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Dakota Urology Clinic Sued for $5 Million in Medical Malpractice
Five plaintiffs are asking for $5 million in damages from the Siouxland Urology Center in Dakota Dunes, SD. claiming negligence, medical malpractice, and intentional infliction of emotional distress.
In the 22 page class-action lawsuit the patients claim Siouxland Urology breached the standard of care by re-using certain disposable medical equipment which caused damages to the patients. Manufacturers recommend the equipment used in cystoscopy procedures be used only once. Siouxland Urology denies any unsterilized equipment ever came into direct contact with patients.
South Dakota Department of Health has ordered the Center to change its cystoscopy practices and the Center is offering a free blood test to check for HIV and Hepatitis for the 5,200 affected patients.
If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. […]
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