When you go to the doctor for a wellness check, surgical intervention, proper diagnosis or other form of treatment, you do so with the assumption that you will receive quality care. You only get one body, and you place a lot of trust in the doctors and other individuals that provide you with medical support. It is critical that each patient receives care that meets a certain standard. It is the right of every Oregon patient to know and understand these standards.
Doctors, nurses and every type of care provider have the responsibility to provide their patients with sufficient care at every step of the process. This includes everything from the initial conversations with a patient to determining the course of treatment he or she needs. If you received anything less than care that is acceptable and appropriate, and you suffer as a result, you have the right to take action.
The definition of the standard of care
The court uses the term standard of care in legal cases to determine whether a doctor or care provider is responsible for a patient’s suffering and whether compensation is appropriate. There is an assumed standard of care when a doctor agrees to care for you and provide services. In medical malpractice cases, the standard of care is based on the customary practices of the average doctor or care provider. To meet the standard, doctors must act in a reasonably appropriate manner based on the level of training he or she received.
When evaluating the potential level of negligence in a medical malpractice case, a judge may consider what a similarly trained medical professional would have done in the same situation. The court will also consider the duty owed to the patient, the likelihood of harm to the patient, the cost and gravity of that harm, and more. In order to prove a claim of medical negligence, it is important to provide significant documentation to validate the allegations.
Don’t navigate the claims process alone
It is not always easy to prove medical negligence, but if you believe that you are a victim, you do not have to suffer alone. It may be in your interests to seek the advice of a professional who can offer a knowledgeable opinion regarding your legal options. An assessment of your potential malpractice claim is a practical starting point in your effort to seek compensation and recovery.