Standard of Care Analysis in Medical Litigation
Standard of care analysis establishes whether a healthcare provider's conduct met the accepted standard of practice for the specialty at the time and place of treatment. It is the threshold opinion in medical malpractice litigation and requires a qualified physician expert.
The concept
Standard of care is the degree of skill and care that a reasonable practitioner in the same specialty would apply in the same or similar circumstances. The analysis is jurisdiction-specific (some states use a national standard, others a locality rule) (Moffett & Moore, 2011).
Who provides the opinion
A physician expert, typically board-certified in the relevant specialty (American Board of Medical Specialties, n.d.), provides the standard of care opinion. Expert qualifications are often specified by state statute.
Coordination with damages experts
Standard of care and causation opinions set the framework for vocational, life care planning, and economic damages experts, who quantify the consequences of any established breach.
Frequently Asked Questions
Can a physician expert address standard of care outside their specialty?
Generally no, and many states have statutes requiring same-specialty standard of care experts.
Related
References
- Moffett, P., & Moore, G. (2011). The standard of care: Legal history and definitions: The bad and good news. Western Journal of Emergency Medicine, 12(1), 109-112. ncbi.nlm.nih.govPeer-Reviewed
- American Board of Medical Specialties. (n.d.). ABMS board certification. Retrieved July 19, 2026. abms.orgOrganization
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