What is the Standard of Care for Physicians?

The standard of care for physicians serves as a benchmark against which a physician’s actions are weighed. It ensures that physicians provide a level of care consistent with what is expected of reasonably prudent and skilled practitioners under comparable conditions.

What is the Standard of Care?

The standard of care for physicians refers to the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under similar circumstances. The main aspects of the standard of care include:

• Reasonably competent and skilled: Physicians are expected to have the knowledge, skills, and abilities that are standard for practitioners in their field.
• Similar background and community: The standard considers the physician’s specialty, geographic location, and available resources. For example, a general practitioner in a rural area might be held to a different standard than a specialist in an urban hospital.
• Under similar circumstances: The standard of care takes into account the specific circumstances under which the care was provided, including the patient’s condition, the urgency of the situation, and the available medical technology.

A physician may be found to have breached the standard of care if their actions (or inactions) fall below what is considered reasonably competent and skilled practice under similar circumstances. Examples of breaches include:

• Diagnostic errors: Not diagnosing a condition that a reasonably competent physician would have diagnosed.
• Improper treatment: Providing a treatment that is  inappropriate for the patient’s condition or failing to provide a necessary treatment.
• Lack of informed consent: Failing to adequately inform the patient about the risks and benefits of a procedure or treatment.
• Medication errors: Prescribing the wrong medication or dosage that a reasonably competent physician would have avoided.
• Surgical errors: Making mistakes during surgery that a competent surgeon would not have made.

If it is determined that a reasonably competent physician breached the standard of care, they could become the subject of a medical malpractice lawsuit. A skilled medical malpractice attorney with a strong understanding of the nuances of the medical field, the intricacies of law, and a firm commitment to seeking justice for individuals and families affected by medical malpractice can guide clients through the complex legal process.

What are the physicians’ responsibilities when treating a patient?

Physicians have several key responsibilities when treating a patient, encompassing medical, ethical, and legal obligations. These responsibilities ensure that patients receive safe, effective, and respectful care. Here are some of the primary responsibilities of physicians to patients:

• Coordination of care: Physicians must provide immediate and appropriate care in emergency situations, regardless of the patient’s ability to pay or other circumstances and refer patients to specialists when necessary and collaborate with other healthcare providers to ensure comprehensive care.
• Documentation: Doctors are required to keep detailed and accurate medical records of patient interactions, treatments, and outcomes and ensure that medical records are updated promptly and accurately to reflect ongoing care.
• Ethical and professional conduct: Physicians must treat all patients with respect, dignity, and without discrimination, maintain professional boundaries, and avoid conflicts of interest.
• Legal responsibilities: Adhering to the standard of care expected of a reasonably competent and skilled healthcare professional in similar circumstances. Reporting certain conditions and diseases to public health authorities as required by law.
• Maintaining confidentiality: Protecting patient information and ensuring confidentiality in accordance with laws like HIPAA (Health Insurance Portability and Accountability Act). Sharing patient information only with authorized individuals and entities.
• Patient advocacy: Acting in the best interests of patients, advocating for necessary treatments, and navigating healthcare systems on their behalf. Respecting and upholding patients’ rights, including the right to refuse treatment.
• Patient communication: Clearly explaining the diagnosis, treatment options, risks, and benefits so that patients can make informed decisions about their care. Providing clear and understandable instructions for medication, treatment plans, and follow-up care.
• Providing competent medical care: Accurately diagnosing and effectively treating medical conditions based on current medical knowledge and practices. Staying updated with the latest medical advancements and continuing their education to provide the best care possible.

By fulfilling these responsibilities, physicians not only provide high-quality medical care but also build trust and promote positive health outcomes.

What if that standard of care is violated? What are the penalties?

If physicians violate their standard of care, several consequences can arise, ranging from legal actions to professional disciplinary measures. Here are some of the potential implications:

• Disciplinary actions: State medical boards can investigate complaints against physicians. If a violation of the standard of care is found, the board can impose sanctions. Possible sanctions include fines, mandatory retraining, suspension, or revocation of the physician’s medical license.
• Employment consequences: Employers, such as hospitals or clinics, may terminate the physician’s employment if a serious violation is found. A history of malpractice or disciplinary actions can make it difficult for the physician to find new employment in the medical field.
• Insurance consequences: Physicians found liable for malpractice may face increased malpractice insurance premiums. In severe cases, an insurance company may refuse to renew the physician’s malpractice insurance policy.
• Loss of hospital privileges: Hospitals may review the conduct of their staff physicians and if a violation of the standard of care is confirmed, the hospital can suspend or revoke the physician’s hospital privileges. Losing hospital privileges can severely impact a physician’s ability to practice, especially in hospital settings.
• Medical malpractice lawsuits: Patients or their families can file a medical malpractice lawsuit against the physician. To succeed, they must prove that the physician’s actions deviated from the standard of care and directly caused harm or injury. If the physician is found liable, they may be required to pay compensatory damages for medical expenses, lost wages, pain and suffering, and sometimes punitive damages if the conduct was particularly egregious.
• Reputational damage: Malpractice lawsuits and disciplinary actions often become part of the public record, which can damage the physician’s reputation. Loss of trust can result in a decline in patients, impacting the physician’s practice and income.

Violations of the standard of care by physicians can have serious consequences. These measures are in place to protect patients and maintain high standards in the medical profession.

The skilled Seattle medical malpractice lawyers at Smith McBroom combine legal expertise with a compassionate approach, guiding clients through the legal process to achieve fair compensation and hold accountable those responsible for substandard medical care. To set up your free initial consultation with one of our attorneys, call or fill out our contact form today.