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How is standard of care defined in a medical malpractice case?

In medical malpractice cases, negligence is determined by whether or not your doctor met the medical standard of care. The definition of this term is not clear cut, but it refers to the care that a competent doctor in the same field would perform in the same situation. How is this determined? In medical malpractice cases, expert witnesses are often used. These witnesses are doctors who are in the same field as the doctor who allegedly caused the medical malpractice. The expert witness analyzes what the doctor did and determines what – if anything – led to the victim’s injuries. The goal of the expert witness is to show how the doctor deviated from the standard of care and how this deviation caused the doctor to breach his or her duty and lead to injuries and damages for the victim. If it can be proven that the doctor did not follow the standard of care, then he or she can be found negligent. The doctor may be forced to pay for various damages caused to the patient.
Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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