The “Standard of Care” Means the Appropriate Level of Care that Medical Providers Must Deliver to Their Patients
In most personal injury cases, one necessary element for the recovery of compensation is a finding of negligence or, in other words, carelessness by the defendant. So in these cases, to obtain compensation, an injured person (the plaintiff) must prove to the jury that:
- the defendant acted carelessly by doing something that a reasonably careful person would not do, or by failing to do something that a reasonably careful person would do;
- this careless act (or careless failure to act) caused injury to the plaintiff; and
- the plaintiff suffered harm or other losses due to the injury.
In medical malpractice cases, the standard of care is very similar.
Under Pennsylvania law, a medical provider must have the same knowledge and skill and use the same care normally used in the medical profession. A medical provider whose conduct falls below this standard of care is negligent or, in other words, careless.
So under Pennsylvania law, a medical provider who claims to be a specialist in a particular field of medicine must have the same knowledge and skill and use the same care as others in that same medical specialty. A specialist whose conduct does not meet this standard of care is negligent or, in other words, careless.
For this reason, when we at the law firm of DiOrio & Sereni, LLP, present medical malpractice cases to juries on behalf of our clients, we emphasize that “medical malpractice” simply means “medical negligence or carelessness” – and really nothing more.
Contact the Law Firm of DiOrio & Sereni, LLP
At the Law Firm of DiOrio & Sereni, LLP, we enjoy more than 60 years of combined legal experience. To learn how we can help protect your legal rights in medical malpractice cases, call us at 610-565-5700 or contact us by e-mail. Evening and weekend appointments are available upon your request.
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