![]() ![]() In one particularly influential case, Hall v. Each state has compounded on this general definition, leading the standard to evolve in the modern era. As early as 1860, the Supreme Court of Illinois issued one of the first decisions (with then- attorney Abraham Lincoln representing the defendant) on what constitutes a physician’s standard of care, stating that “hen a person assumes the profession of physician and surgeon, he must…be held to employ a reasonable amount of skill and care.” Richie v. West, 23 III. There is no medical definition for “ standard of care,” although its legal definition dates back centuries. ![]() Becker, 272 A.D.2d 565, 566, 709 N.Y.S.2d 418 (2000).Īlthough most states generally agree on this definition, what constitutes the conduct of a “reasonably prudent person” can largely differ depending upon the facts and circumstances of the treatment. Medical malpractice is defined as “any act or omission by a physician during the treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury.” In other words, a plaintiff must show that the physician deviated from that of a reasonably prudent person in the same position. Naturally, the specifics of care depend upon the practice area. Professionals have a duty to exercise the level of care that a reasonably prudent person in their line of work would exercise. What is the Standard of Care for a Medical Professional? ![]() In order to successfully navigate a medical malpractice action, it is critical to understand the burden of the parties and the applicable standard of care. However, an overwhelming amount of professional negligence claims relate to the medical field.Ī medical malpractice claim requires the plaintiff to prove, by a preponderance of the evidence, four elements: 1) that the defendant owed a duty of care to the plaintiff 2) that the defendant deviated from the applicable standard of care 3) the plaintiff suffered damages 4) the damages were directly caused by the defendant’s deviation. A number of professionals can be held liable under this common law doctrine – such as lawyers, accountants, architects, and engineers – as there is no specific definition of “ professional” in the context of a professional negligence claim. Professional negligence is a particular cause of action that involves a breach of the duty of care between professionals and their clients. ![]()
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