Duty And Standard Of Care In Medical Malpractice Claims

On behalf of Peterson, Berk & Cross, S.C.

A patient who has been damaged during the course of being treated in a Wisconsin hospital may want to file a medical malpractice claim against the health care facility or provider. In order to establish that the health care provider was negligent, patients must show evidence that they were owed a duty of care and that the medical professional failed to provide the accepted standard of care during treatment.

All health care providers owe a legal duty of care to a patient who they have agreed to treat. A patient who is filing a medical malpractice claim can prove that a nurse, physician or therapist owed them a duty of care at the time of their injury by presenting evidence from their medical records. The records must show that the relationship between the health care provider and the patient was a mutual agreement that was entered into voluntarily.

In addition to establishing that there was a duty of care, a plaintiff in a medical malpractice claim must show evidence from their medical records about the specific types of treatments or examinations that they underwent. The injured patient should also be able to establish what standard of care is generally expected of the health care provider who treated them and then show evidence that this standard of care was not used in their treatment.

Establishing the standard of care for a particular area of health care usually requires testimony from a medical expert. A lawyer may be able to help an injured patient to gather all of the evidence and testimony that is required to present a strong medical malpractice claim.