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 The California state appeals court recently clarified the standard of care for a physician in an unpublished case.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.
In April of 2021, the Eighth Judicial District of Nevada conducted a civil jury trial that ended with an award of $29.5 million dollars in damages to plaintiff. It presents an opportunity to analyze the trial with the principles discussed in Bob Tyson’s book, Nuclear Verdicts™: Defending Justice for All.