Failure to deliver the standard of care may be deemed medical negligence.

Standard of care is a legal termnot a medical onedefined by law and regulated by state administrative agencies.

The laws governing the standard of care can vary by state.

doctor with stethoscope and patient

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It also describes the legal actions you could take if you have grounds for a lawsuit.

The standard of care is also sometimes referred to as “best practice.”

The legal definition is far more complex.

Other states designate a locality rule for general practice and a national standard of care for specialists.

Does the Standard of Care Change in Emergencies?

The standard of care does not change in emergencies or natural disasters.

This is where the locality rule is potentially problematic.

Those opposing the locality rule argue that advancements in medical technology allow for a national standard.

Proving malpractice can often prove difficult.

With that said, medical negligence doesn’t always mean you have a case for medical malpractice.

The laws governing the standard of care can vary by state.

A medical malpractice attorney is needed.

Vanderpool D.The standard of care.Innov Clin Neurosci.2021 Jul-Sep;18(7-9):5051.

National Cancer Institute.Standard of care.

National Association of Benefits and Insurance Professionals.Medical malpractice damage caps by state.