Medical malpractice cases are often difficult for several reasons. One of these is that oftentimes, the basis of a medical malpractice lawsuit is the doctor not meeting the standard of care.
The standard of care is a concept that relies on other doctors to determine. In the simplest of explanations, it means that a doctor is expected to act in line with what the medical community expects.
There are several components of the care that a patient receives that can come into the picture with treatments and other facets of medical care. One of these components is the training of the doctor.
Some fields in medicine have specialized training associated with them. For example, oncologists specifically study cancers and neurosurgeons specifically study the brain. You wouldn’t expect a family doctor to treat a rare cancer in the same manner as you would expect an oncologist to treat that cancer.
Another concept that comes up is the experience of the doctor. This goes along with the training of the doctor in a way, but it calls the type of practice and the situations the doctor has been in into question. You shouldn’t expect a rural doctor to have the same experience as a doctor in a cutting-edge medical facility.
Oftentimes, medical malpractice cases hinge on another doctor testifying. You can imagine how difficult it could be to find a doctor willing to do this. Doctors seem to have a code of silence; however, some doctors are willing to break that code when a patient who suffered harm decides to stand up and seek compensation through a medical malpractice lawsuit.