Standard of Care: A Trap For The Unwary?

Medicine is practiced prospectively, and then in litigation, it is questioned retrospectively.  When doctors use the term “standard of care” in the context of a medical negligence case, they unintentionally play into the hands of the plaintiff’s attorney and undermine the defense.  In an article for the American Academy of Orthopaedic Surgeons, attorney Brian G. McConaty explains why words such as “negligence” and “standard of care” should be avoided in medical malpractice defense cases to make sure the facts of the case are not misconstrued and the jury is not led astray.  Read more about how these defining concepts can be a trap for the unwary.