A standard of care violation is one of healthcare’s most misunderstood issues. While it may sound scary at first, knowing what it means can completely change your life if you’re a victim of medical malpractice.
Until you understand it, you can’t fully arm yourself against healthcare providers who violate their standard of care. And let’s face it…
Why patient rights are so important when you get hurt by someone providing healthcare:
Patient rights are…
- Yours to exercise
- Legally upheld
…and they can impact the outcome of your case if a healthcare provider causes you harm.
Let’s take a closer look at the four things you need to know:
- What Is a Standard of Care Violation?
- Why Patient Rights Matter After You Get Hurt by Someone Providing Healthcare
- How To Prove a Standard of Care Violation Occurred
- The 5 Steps You Should Take if You’ve Been Harmed
What Is Considered a Standard of Care Violation?
Medical professionals have a duty to treat their patients in a way that any other provider would under similar circumstances. If they fail to uphold that duty and a patient gets hurt, it’s considered a standard of care violation.
Essentially…
All healthcare providers are expected to adhere to certain standards. When they don’t, and a patient suffers because of their mistake, that’s called negligence.
Standard of care violations can happen in many different ways, such as:
- Misdiagnosis or delayed diagnosis: Wrongfully diagnosing a patient or not diagnosing them in time. As a result, the patient’s condition may worsen because they’re not receiving proper treatment.
- Surgical mistakes: Operating on the wrong part of the body, leaving surgical instruments inside of patients, or making a mistake that should’ve been otherwise avoided.
- Medication errors: Prescribing the wrong medicine, prescribing the wrong dosage, or prescribing medicine that interacts negatively with other drugs the patient is taking.
That’s scary to think about as a patient but unfortunately happens all too often.
It’s actually so prevalent that medical errors are the third leading cause of death in America. According to a study done by Johns Hopkins research, negligent care kills more than 250,000 patients every year. That’s more than diabetes and auto accidents.
When someone gets hurt by a healthcare provider because they violated their standard of care, there are legal options. The first thing to do is reach out to a medical malpractice lawyer.
A lawyer can help you understand what happened and whether you deserve compensation.
Why Knowing Your Rights Matters When You Get Hurt by Someone Providing Healthcare
Here’s the reality…
A lot of patients don’t know what they can and can’t do when someone gets hurt by a healthcare provider. Without this information, they only hurt themselves.
Patient rights include the ability to:
- Receive acceptable care from medical professionals.
- Be informed of your medical choices.
- Access medical records.
- File a claim when negligent care causes injury.
Patients have these rights because the medical system is far from flawless. In fact, records show that there were over 11,400 medical malpractice claims made in 2023.
…and those claims added up to BILLIONS of dollars in settlement payouts.
Those are official numbers from the National Practitioner Data Bank. But what most people don’t know is…
Approximately 2% of victims file a claim.
That means 98% of patients that were harmed by medical malpractice give up their chance to seek compensation by not knowing their rights.
Patients either don’t know they can take legal action or they think there’s nothing that can be done to rectify the situation.
They couldn’t be more wrong.
How To Prove a Standard of Care Violation Happened to You
You don’t need a law degree to prove a standard of care violation. Of course, there are certain elements that need to be proved. But you don’t have to do it alone.
The four things that must be established are:
- A duty of care existed.
- The provider breached the standard of care.
- You were harmed as a result.
- Damages occurred.
Let’s break these down.
1. Duty of care existed
Patients under the care of a medical professional have established that a duty of care exists.
In other words, by simply agreeing to go to a doctor’s appointment you’ve entered into a professional relationship with them.
2. Provider breached the standard of care
This simply means that the medical provider did something that a similarly qualified provider would not have done.
3. You were harmed as a result of their mistake
If your condition gets worse after seeing a doctor, that doesn’t automatically mean they violated their standard of care.
You must be able to prove that their mistake directly caused your injury.
4. Damages occurred as a result of those injuries
Actual damages are something that most people overlook. But we’ll talk more about that below.
Pro Tip: A medical expert will be required to help prove that a standard of care violation occurred.
During the case, another healthcare professional will have to testify that the treatment fell below accepted standards.
Without expert testimony, it will be very difficult to prove a claim.
5 Steps to Take If You’ve Been Harmed by Someone Providing Healthcare
If you believe someone got hurt by a medical professional violating their standard of care, here are the steps you should take:
Step 1: Get Your Medical Records
The first thing to do after suffering an injury is request your medical records.
Medical records will be a crucial part of a case, so you want to get them as soon as possible.
Step 2: Write Everything Down
Compile your own report of events. Note the dates you received medical treatment and any injuries you suffered or symptoms you experienced after treatment.
This timeline will become important later when you piece everything together.
Step 3: See Another Doctor
Have another medical professional take a look at you. If their findings differ from your original treatment, then you may want to seek legal counsel.
Step 4: Contact a Lawyer Specializing in Medical Negligence
This will help them get medical experts involved and determine whether you have a case against your provider.
Time is of the essence. You don’t want to wait too long and miss your window to file a claim against your healthcare provider.
Every state has what’s known as a “statute of limitations” for medical malpractice claims. Contact a lawyer as soon as possible.
Step 5: Keep All Related Expenses
Any bills that come your way as a result of your injury should be kept. That includes medical bills, cost of travel to and from doctor’s appointments, and lost wages from work you’ve missed.
Wrapping Things Up: Know Your Patient Rights
Patient rights are every bit important to understand if someone gets hurt by a healthcare provider.
A standard of care violation is when a medical professional fails to provide the level of care that every other provider would under the same situation. When patients are injured as a result, they have legal rights they can exercise.
Four things must be proved in order to claim you were a victim of a standard of care violation. You also need to prove that your injuries resulted in damages.
You can prove a violation occurred by gathering your medical records and consulting a medical professional who can confirm your treatment was subpar.
If you were harmed by a medical professional not meeting the standard of care, there are steps you can take to protect your rights.
The most important takeaway from this guide:
Know your rights as a patient.
Healthcare providers are human and make mistakes. But patients have every right to understand those mistakes and seek compensation for their injuries.
