Medical Malpractice And Assessing The Standard Of Care

by | Feb 10, 2016 | Lawyer

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Medical malpractice is a category of personal injury. It is a complex division within the larger context and requires great skill in presenting and proving a case. In medical malpractice, lawyers are faced with a specific intent. They must prove the existence and interconnectedness of two specific aspects. The law refers to them as:

  1. Duty of Care
  2. Breach of Duty

It is up to the medical malpractices lawyers to provide the court with evidence clearly demonstrating a direct relationship between Duty of Care and Breach of Duty. Failure to do so, results in a loss in court. The plaintiff, suffering in such a place as Gurnee IL, or Brentwood, CA will not be reimbursed for any pain and suffering. If a lawyer is to make any inroads in the situation, he or she must address that tricky legal concept: Standard of Care.

What Is the Standard of Care?

Every profession has standards. They are expected to live up to, meet and even exceed what may sometimes be seemingly nebulous guidelines. In legal terms, the medical profession must abide by, live up to and even exceed the base level of medical care a provider is required to give in his or her community. In Gurnee, for example, the law states that the qualified practitioner is guilty of not providing the accepted level of care if he, she or they do not pass what amounts to a Standard of Care comparison test.

Under the law, someone accused of medical malpractice must be shown to have mismanaged the care of the patient. To accomplish this, medical malpractice lawyers must prove it by comparing the defendant to a medical professional with similar qualifications. The comparison is made based on specific criteria and has been used in establishing breach of duty of care since the case of Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. This case in English tort law established the basis for establishing negligence among medical professionals.

Among the characteristics used to determine whether the standard of care is comparable are the following:

  • Level of experience
  • Qualifications
  • Age
  • Situation

If a lawyer can show that the accused’s behavior and results were not consistent with the prudent actions and behavior of someone with similar qualifications in a similar situation, he has begun to lay a solid foundation for a case of medical malpractice.

The Role of Medical Malpractice Lawyers

If you have suffered an injury at the hands of a medical professional, do not go it alone. If you are suffering in Gurnee, you may not be prepared for what lies ahead. Fighting for compensation against the medical profession is never easy. The legal complexities involved make it an uphill battle. Rather than despair, contact someone who understands the law. Medical malpractice lawyers are there and ready to help you receive compensation for the negligent actions of others.

If you reside in Gurnee, Medical Malpractice Lawyers can provide you with the emotional and legal support you need to win compensation. While the area is home to several law firms, contact the one willing to fight for you aggressively in and out of court. The experienced, professional team at the Law Offices of Robert T. Edens is ready and willing to take up the battle on your behalf. Whether it is a personal injury case, wrongful death or Workers Comp, they are there to guide you, step-by-step. For more information about who they are and what services they provide, visit

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