Page 25 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

general practitioner have a duty to this patient to follow up?

The answer is most likely “yes”.
9

If you have any questions about terminating the relationship
with a specific patient or whether you have a duty to see or

treat a particular patient, contact one of SVMIC’s Claims
Attorneys to discuss your situation.

Standard of Care

The second element the plaintiff must prove is the applicable
standard of care. Most physicians have heard this term used,

but few can define it. The reason is because it is a term used

by lawyers in malpractice litigation. It is not something that is
routinely discussed by physicians.

There are many definitions, but a common one is as follows.

Standard of Care – that which a reasonably competent

and skilled healthcare professional with a similar
background, and in the same or a similar medical

community, would have provided under the same

circumstances.

To meet this burden, the plaintiff must prove to the jury what
constitutes reasonable medical care, which is established

through expert testimony.

9 The patient may have to reestablish or be treated as a new patient pursuant to the practice’s
written policies if sufficient time has passed, but it would be dangerous for the physician to simply
refuse to see the patient unless the physician/patient relationship had been properly terminated.

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