The standard of care refers to the degree of care and skill that a reasonably competent healthcare provider, practicing in the same medical specialty, would provide under similar circumstances. It is the benchmark against which a provider's actions are measured in a medical malpractice case.

Establishing the Standard

In a medical malpractice case, expert witnesses — typically physicians practicing in the same specialty as the defendant — testify about what the standard of care requires in a given situation. The plaintiff must prove that the defendant's care fell below this standard.

Breach of the Standard

A breach of the standard of care occurs when a healthcare provider fails to provide the level of care that a reasonably competent provider would have provided. This breach must be shown to have directly caused the patient's injury.

Examples

Common examples of breaches include failing to diagnose a condition that other competent doctors would have identified, performing surgery on the wrong site, prescribing the wrong medication or dosage, and failing to follow up on abnormal test results.