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Medical

What is Standard of Care?

The degree of care and skill that a reasonably competent professional in the same field would provide under similar circumstances.

Understanding Standard of Care

In medical malpractice cases, the standard of care is typically established through expert testimony from physicians in the same specialty. The standard may vary based on the provider's specialty, geographic location, and available resources.

Examples

  • 1Following established surgical protocols
  • 2Ordering appropriate diagnostic tests
  • 3Providing proper informed consent before procedures

Why This Matters in Legal Cases

The standard of care is the benchmark against which all medical malpractice claims are measured. It is not about perfection—it is about what a reasonably competent provider in the same specialty would do under similar circumstances. Expert testimony establishing the standard and showing how the defendant deviated from it is the most critical evidence in any malpractice case.

Explaining to Clients

Explain to clients that "standard of care" means the level of treatment a competent doctor in the same field would provide. It does not mean the best possible care or guarantee a good outcome. Help them understand that proving a provider fell below this standard requires a medical expert who practices in the same specialty to review the case and testify.

Frequently Asked Questions

Who determines the standard of care in a malpractice case?

Expert witnesses—typically physicians who practice in the same specialty as the defendant—establish the standard of care through testimony. They review the medical records and explain what a competent provider would have done. Both sides usually retain their own experts, and the jury ultimately decides which expert is more credible.

Does the standard of care change based on location?

Historically, the standard varied by locality (the "locality rule"), meaning rural doctors were held to a different standard than urban specialists. Most states have moved to a national standard, meaning providers are judged against what a competent provider in the same specialty would do anywhere, though available resources and facilities may still be considered.

Can guidelines from medical organizations establish the standard of care?

Clinical practice guidelines from organizations like the AMA or specialty societies can be used as evidence of the standard of care, but they are not automatically binding. Courts treat them as one piece of evidence among many. An expert may explain how guidelines apply to the specific situation.

Sources

Related Terms

Medical Malpractice

Professional negligence by a healthcare provider whose treatment falls below the accepted standard of care, resulting in injury or death to the patient.

Expert Witness

A person with specialized knowledge, training, or experience who is allowed to offer opinion testimony to help the jury understand technical or scientific issues.

Negligence

The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.

Letter of Protection (LOP)

A written agreement where an attorney promises to pay a medical provider from the client's eventual settlement or verdict, allowing treatment without upfront payment.

Medical Lien

A legal claim by a healthcare provider or insurer against a personal injury settlement or verdict to recover payment for treatment related to the injury.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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