In order to prove that a medical provider has been negligent, it must be established that the medical provider did not conform to the standard of care. The standard of care has been defined as the failure to use that degree of skill and learning ordinarily used under the same or similar circumstances by members of defendant’s profession. This degree differs from the standard of care for general negligence.
The standard of care for medical providers is generally not known by the average juror. As such the standard of care is usually established by expert testimony. If the plaintiff fails to establish the standard of care for the medical provider, the jurors do not have comparative actions in order to determine if the medical provider was in fact negligent.
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