What is meant by “a breach of the standard of care” in a medical malpractice case?
In order to win a medical malpractice case, a patient must prove that one or more healthcare providers breached the “standard of care.” The standard of care in California requires that a healthcare provider exercise adequately the skill, knowledge and care ordinarily possessed and exercised by other members of the profession acting under similar conditions and circumstances. A specialist is someone who holds himself or herself out to be a specialist and must act within the standard of care governing medical specialists. Further, in certain circumstances, in order to comply with the standard of care, a patient must be referred to a specialist. A failure to make such a referral may be considered malpractice.
