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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How Long Do I Have to Sue a Hospital?
Millions of people entrust their health and safety to medical professionals daily, believing they are in good hands. This trust is a testament to the high standard of care that hospitals are expected to uphold. However, there are instances when this trust is
broken, and healthcare providers fail to meet this standard, leading to medical errors that harm patients. This is what we refer to as medical malpractice.
Medical malpractice occurs when a healthcare provider’s action or inaction deviates from the accepted standard of care, directly harming a patient. Examples of medical malpractice include misdiagnosis, birth injuries, and wrongful death. These errors can have severe consequences, damaging the trust in doctor-patient relationships and causing significant harm.
If you have been a victim of medical malpractice, understand that you cannot take legal action at any time. Specific time limits, known as statutes of limitations, determine how long you have to file a lawsuit against a hospital. […]
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Pottsville Nursing Home Abuse Lawyer
Pottsville, PA is an idyllic place for many; its combination of city and country make it the perfect place for those seeking a balance between rural and urban living.
Its many nursing homes and assisted living facilities should also make it the perfect place to grow old, but the dark reality is that these facilities can be hotbeds of abuse and neglect, much of which goes unnoticed.
If you have a loved one or family member in a nursing home, you rightfully expect them to receive a high standard of care and compassionate treatment. Anything less than this is disappointing — abuse is both unacceptable and illegal.
If you believe that a family member or loved one may have experienced nursing home neglect or abuse in Schuylkill County, you may have a claim. Contact our Pottsville nursing home abuse lawyer today to schedule a free consultation and learn how we can fight for justice on your behalf. […]
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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 medical malpractice, 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 Munley Law today for a free consultation and learn how our team of personal injury lawyers can fight to protect your best interests after a birth injury.
What Is Erb’s Palsy?
Also 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 malpractice 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 medical malpractice 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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