▪︎ Analyzing Breaches of the Standard of Care in Malpractice Cases (LNC)
In medical malpractice cases, one of the central issues is whether a healthcare professional breached the standard of care. The “standard of care” refers to the level and type of care that a reasonably competent and skilled healthcare professional (nurse or physician), with a similar background and in a similar medical community, would have provided under the same or similar circumstances.
To establish a breach of the standard of care, the Plaintiff must prove that the medical provider’s actions—or failure to act—deviated from what is considered acceptable and customary practice within their field. For example, a breach may involve:
✅ – Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition that another competent physician would have identified under similar circumstances.
✅ – Failure to Communicate: If a nurse receives important lab information or observes other significant changes in the patient’s condition these changes must be reported to the patient’s physician promptly. Failure to do so is a breach of the SOC for nurses.
✅ – Delays in Treatment: Delays in treatment or medications that result in harm to the patient could also re
Proving a breach typically requires expert testimony from qualified medical professionals who can articulate what the standard of care entails and explain how the defendant’s actions fell short of this standard. It’s important to note that the plaintiff must not only prove a breach of the standard of care but also establish a direct causal link between the breach and the injury suffered.
👉 Here is a list of breaches from a recent anesthesiology case (against a CRNA and a anesthesiologist) that left the plaintiff with severe anoxic brain injuries:
(a) Failed to recognize that the plaintiff was experiencing inadequate ventilation following the administration of anesthesia,
(b) Failed to timely treat/intervene plaintiff’s inadequate ventilation,
(c) Failed to diagnose and treat plaintiff’s dropping blood pressure and heart rate …
These are just a few of the 20 allegations. I could not include all of them here due to the limits on the size of posts; but if you’d like the whole list, just email me and I will send them to you.
👩🎓For more information on our courses click on the links below:
✨ Our Online Nursing Law Courses: 🔗 https://nursinglawcenter.com/nursing-law-courses/
✨ Our LNC Training Programs and Mentoring: 🔗 https://nursinglawcenter.com/legal-nurse-consulting-training/
✨ Our Advanced LNC Workshops: 🔗 https://nursinglawcenter.com/advanced-legal-nurse-consulting/
To learn more about these legal topics check out our courses on demand (with extensive written materials):
➡️ The Nurse’s Law School – A Practical Legal Guide for Nurses (7.6 CE Hours)
➡️ The Board of Nursing and How to Protect Your Nursing License (2.5 CE Hours)
➡️ Common California Board of Nursing Charges and How to Defend Yourself (4.0 CE hours)
Sincerely,
Laurie Elston JD BSN
www.NursingLawCenter.com
Law Office of Laurie R. Elston Inc.
📞 T: (805) 481-1001
📧 Email: [email protected]
