Standard of Care is the foundation for every medical malpractice case. Three primary categories of standards are pivotal to developing a comprehensive medical malpractice case:

Legal Resources:

• Practice Acts – State Practice Acts can be obtained where the incident occurred and for each discipline involved. The practice act creates the framework of practice for the healthcare professional.

Regulatory Resources:

• Accreditation Organizations – The Joint Commission and DNV accredit hospitals, laboratories and a variety of outpatient and diagnostic facilities. NCQA accredits managed care organizations.

Authoritative Resources:

• Professional Associations – Professional association standards are persuasive in court and provide specific information relevant to the case issues. Standards are available for nursing, medical and ancillary care associations.
• Scientific Literature – Textbooks, journal articles or research are credible resources for standard of care. These sources often provide the most in-depth information relevant to standards.
• Healthcare Facility Resources – These resources pertain to the facility’s policy and procedures, standards and practice guidelines. Meticulously assess facility sources for accuracy and consistency with the standard of care.

Kathleen A. Mary, RNC, Legal Nurse Consultant Certified is a time-honored medical expert who assists attorneys in navigating meritorious complexities for medical-related claims. For over 25 years, 100% of Kathleen’s cases (hundreds) have been positively settled without trial. Please contact Kathleen for your next medical-legal case.