How is the Standard of Care for a Doctor Decided?

Author: Sheila Baker

Guest Editor: Grace Shuman

December 3, 2021 9:00am

The central issue in any medical malpractice case is whether the medical provider breached the applicable standard of care.  The California state appeals court recently clarified the standard of care for a physician in an unpublished case. Generally speaking, the medical standard of care is defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. The standard of care is only proven by expert testimony, unless the circumstances are such that the required conduct is within the layperson’s common knowledge.

Connecting the Dots: Prep The Experts

Author: Kimberly Sayre

Guest Editor: Kiran Gupta

October 4, 2021 3:17pm

It is important to prepare experts for anything they may encounter on the stand. In Sampson v. Surgery Center of Peoria, the Supreme Court discussed an issue regarding testimony from an expert witness who testified in a medical malpractice case.

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