What Is the Medical Standard of Care in an Oklahoma Medical Malpractice Case?
When a person is harmed by the actions of a medical professional, they may be able to bring forth a successful action for medical malpractice if they can prove that the medical professional breached the standard of care owed to them, and that the breach was the proximate cause of patient harm. The following considers what the medical standard of care is in Oklahoma, and how to prove breach of standard of care in a medical malpractice claim–
Medical Standard of Care
The medical standard of care is a legal standard that is used to measure the level of care with which a physician is required to treat a patient. This standard, or level, is determined by the average level of care, skill, and diligence that a physician of the same training and background would ordinarily have exercised in a similar case. If this standard is breached and a patient is harmed as a result, a medical practitioner can be held liable for the patient’s harm. Acts that may constitute a breach of the standard of care might include failing to refer a patient to a specialist, failing to properly diagnose a patient, failure to prescribe a necessary treatment or medication, failing to order certain tests, etc.
How Is the Medical Standard of Care–and a Breach of Care–Determined?
The medical standard of care is determined by the use of expert witnesses providing testimony about the standard of care in a similar situation. For example, if a pediatrician is being accused of medical malpractice for their failure to prescribe a child antibiotics, another pediatrician may provide testimony regarding what they would have done or not have done (and have done in the past) in a similar situation.
Multiple medical experts may need to be called upon in order to determine a) the standard of care in a given situation and b) that a breach of the standard of care has occurred.
Our Attorneys Can Help
At the law offices of Brown & Gould, PLLC, our Oklahoma City medical malpractice attorneys are here to help you if you believe that an act of medical malpractice has caused you harm. We will evaluate your case for free, provide you with our sound legal opinion, and work with experts to help build your case and prove a breach of the medical standard of care. If you have questions, please call us today. You can also send us an email to request information or schedule a consultation.