What Does 'Standard of Care' Mean in a Malpractice Case?

The legal concept at the center of every medical malpractice claim

Nearly every medical malpractice case turns on one central question: did the provider meet the standard of care? Understanding what that phrase actually means is key to understanding your situation.

• Standard of care is generally defined as the level of skill, care, and treatment that a reasonably competent provider in the same field would have provided under similar circumstances
• It is not a guarantee of a good outcome -- providers aren't liable simply because treatment didn't work
• It's typically established through expert testimony from other medical professionals in the same specialty
• Standards can vary somewhat by circumstances, such as available resources or the urgency of the situation
• A breach of the standard of care must also be shown to have caused your harm -- proving one without the other usually isn't enough

Because standard of care is a specialized medical and legal question, it's evaluated by qualified experts, not by patients or even attorneys working alone. This is why nearly every legitimate malpractice claim involves a medical expert review early in the process.

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