What Is the Standard of Care in a Medical Malpractice Lawsuit?

If you’re injured because of the wrongful acts of another person, you have a right to seek damages (financial compensation for your losses) in a court of law. Most personal injury lawsuits are based on allegations of negligence.

What Is Negligence?

To successfully prove negligence in court, you must show three things:

• that the defendant (person from whom you seek compensation) breached the standard of care by not acting reasonably under the circumstances,
• that the breach of the standard of care caused an accident or injury, and
• that you suffered actual losses as a result of the accident or injury.

In most personal injury claims, the standard of care is that of a reasonable person under the circumstances. The law doesn’t give much more guidance, simply identifying a reasonable person as “an ordinary person of average prudence.” The standard of care is different, however, in claims alleging medical malpractice.

What Is the Standard of Care in a Medical Malpractice Lawsuit?

Medical professionals, because of their specialized training, and because of the trust that society puts in them, are expected to adhere to a higher standard of care. As the law has evolved in New Jersey, a doctor or nurse must provide the same level of care as that provided:

• by a reasonably competent and skilled healthcare professional,
• with similar training, background, and experience,
• under the same circumstances, and
• in the same medical community.

Jurors are not, however, expected to know what the standard of care is for a particular medical professional. That standard is established through the testimony of an expert witness.