Robert A. Solomon, P.C.
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Two Offices Serving New York & New Jersey

Medical malpractice, negligence and the standard of care

No matter the reason, when New Jersey patients visit a medical profession, they likely trust the observations and recommendations of their doctor. Whether it is a diagnosis, treatment plan or a procedure, patients trust the knowledge and expertise of physicians and specialist. Because they have obtained years of education, followed by years of training, one expects that they are in good hands with a medical expert. Unfortunately, medical professionals are also humans and subject to human errors. While medical errors can occur, medical mistakes also occur because doctors and other medical professionals have not met the standard of care he or she is required to meet in his or her profession.

To be considered negligent with regards to a medical malpractice claim, a patient must prove that the accused doctor did not meet his or her standard of care with regards to the care of the patient in question. This means that the doctor acted or failed to act is a certain way, resulting in the harm of a patient.

Because accidents can happen, the standard of care principle was designed to determine if the proper standard of care was given in a specific situation. This standard is also based on the reasonable person standard. This essentially looks at how a typical person with ordinary prudence would act under the circumstances of a certain situation. The idea is that it helps determine whether or not the person in question acted like a reasonable person in the given situation.

Thus, when it comes to a medical malpractice action, one looks at the knowledge, expertise and training when considering whether or not he or she fulfilled the standard of care. The specifics of the matter can help establish if the doctor acted like a reasonable person under the certain circumstances of the matter.

When a patient suffers harm, it is important to consider cause and liability. If a doctor was negligent, it might be possible to hold them accountable though a medical malpractice action. This not only assigns liability but this legal action also helps with the recovery of compensation.

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