Standard of Care and Medical Malpractice

The medical industry is rife with vulnerability to mistakes. An inherently imperfect endeavor, the practice of medicine leaves doctors, nurses, surgeons and other professionals open to making a mistake that can result in serious injury.

Fault is an essential element of any medical malpractice claim. The fact is, accidents happen in hospitals, nursing homes, clinics and other medical facilities every day. Proving the accident occurred as a result of medical negligence is the crux of a medical malpractice claim.

Part of establishing negligence is determining whether the doctor (or other health professional) acted in a way that deviated from accepted standards of the medical community. Even when acting reasonably and with competence, doctors and other healthcare workers can make a mistake. When arising during the normal course of competent healthcare, an honest mistake may not be grounds for a medical malpractice claim; however, the Miami medical malpractice attorneys at The Cochran Firm South Florida can determine whether your injury was caused by a deviation from accepted standards of care.

Expert testimony is often used to prove someone failed to meet a standard of care. This expert may be a doctor with similar qualifications to the doctor accused of malpractice. The expert must demonstrate how a reasonable, competent professional would act in the same circumstances, and also show how the negligent professional deviated from this standard. If your healthcare provider acted negligently and carelessly, you may be able to pursue compensation for your injury-related expenses.