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  1. #1
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    Default Who Defines the Standard of Care in a Medical Malpractice Case

    Quote Quoting Mr. Knowitall
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    Misdiagnosis certainly can constitute malpractice -- but it must result from the doctor's failure to meet the required standard of care, and many misdiagnoses occur even when that standard is met (hence, in this type of context, why an examination is very often followed by an imaging study to confirm or improve the diagnosis and treatment plan), and in order to support a lawsuit the misdiagnosis must result in injury or damages to the patient.
    Who sets that "standard of care." An orthopedic surgeon or a specialist?

    In my case I went to an orthopedic surgeon and he casted my broken hand. After five weeks of immobility my index finger lost 75% of range of motion due to scar tissue in the joint. The orthopedic surgeon was oblivious to what he did to me, while a hand specialist recognized right away what happened.

    So I ask, who establishes the "standard of care"?

    In construction we are supposed to pass on jobs we cannot do to industry standards. Are doctors supposed to pass on jobs they cannot do like a specialist can do, and they end up hurting someone?

  2. #2
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    Default Re: Is it Malpractice to Decline to Treat an Orthopedic Patient

    Similarly qualified practitioners.

  3. #3
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    Default Re: Is it Malpractice to Decline to Treat an Orthopedic Patient

    Quote Quoting cbg
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    Similarly qualified practitioners.
    Please answer the question. An orthopedic surgeon or a knee specialist? As if you even know.

    I asked because I thought Mr KIA would know. Not you.

  4. #4
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    Default Re: Who Defines the Standard of Care in a Medical Malpractice Case

    The standard of care for a medical professional requires that the medical service provider exercise that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of their profession under similar circumstances.

    An orthopedic surgeon who is a subspecialist in hand surgery may be able to articulate the standard of care for a general orthopedic surgeon if he is familiar with the standard of care for general orthopedic surgeons practicing in the relevant area of the state; but the general orthopedic surgeon is not held to the same standard of care as a subspecialist.

  5. #5
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    Default Re: Who Defines the Standard of Care in a Medical Malpractice Case

    Quote Quoting Mr. Knowitall
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    The standard of care for a medical professional requires that the medical service provider exercise that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of their profession under similar circumstances.

    An orthopedic surgeon who is a subspecialist in hand surgery may be able to articulate the standard of care for a general orthopedic surgeon if he is familiar with the standard of care for general orthopedic surgeons practicing in the relevant area of the state; but the general orthopedic surgeon is not held to the same standard of care as a subspecialist.
    So a general orthopedic surgeon could lack the knowledge of a hand specialist, do harm as was done to me, and not be liable for that negligence and harm?

    I am a general contractor. If I took on work and caused tens on thousands of dollars of damage, I would be liable. But not so in medicine?

  6. #6
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    Default Re: Who Defines the Standard of Care in a Medical Malpractice Case

    Quote Quoting Brian57
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    So a general orthopedic surgeon could lack the knowledge of a hand specialist, do harm as was done to me, and not be liable for that negligence and harm?
    Any doctor can do harm to you. If the doctor does not violate the standard of care, the harm is not medical malpractice. It's just an unfortunate outcome.

  7. #7
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    Default Re: Who Defines the Standard of Care in a Medical Malpractice Case

    Quote Quoting Mr. Knowitall
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    Any doctor can do harm to you. If the doctor does not violate the standard of care, the harm is not medical malpractice. It's just an unfortunate outcome.
    So the lowest level of care being an orthopedic surgeon sets the standard of care? And anyone above that level, like a hand specialist, does not set any standards?

    In my case the harm was done the day the rigid splint came off. No therapy could undo that damage. My orthopedic surgeon said he was "not the best person to analyze an MRI of a hand" so he referred me to a hand specialist. My hand specialist said in reference to the orthopedic surgeon "that's what they do and that's all they know." Which lead me to ask "who sets the standards?" Just when is a malpractice claim warranted?

  8. #8
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    Default Re: Who Defines the Standard of Care in a Medical Malpractice Case

    Quote Quoting Brian57
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    So the lowest level of care being an orthopedic surgeon sets the standard of care?
    No. Read again: The standard of care for a medical professional requires that the medical service provider exercise that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of their profession under similar circumstances.
    Quote Quoting Brian57
    And anyone above that level, like a hand specialist, does not set any standards?
    Again: An orthopedic surgeon who is a subspecialist in hand surgery may be able to articulate the standard of care for a general orthopedic surgeon if he is familiar with the standard of care for general orthopedic surgeons practicing in the relevant area of the state; but the general orthopedic surgeon is not held to the same standard of care as a subspecialist.

  9. #9
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    Default Re: Who Defines the Standard of Care in a Medical Malpractice Case

    Quote Quoting Mr. Knowitall
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    No. Read again: The standard of care for a medical professional requires that the medical service provider exercise that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of their profession under similar circumstances.

    Again: An orthopedic surgeon who is a subspecialist in hand surgery may be able to articulate the standard of care for a general orthopedic surgeon if he is familiar with the standard of care for general orthopedic surgeons practicing in the relevant area of the state; but the general orthopedic surgeon is not held to the same standard of care as a subspecialist.
    I was hoping for a bit more specificity but thank you just the same.

  10. #10
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    Default Re: Who Defines the Standard of Care in a Medical Malpractice Case

    Quote Quoting Brian57
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    I was hoping for a bit more specificity but thank you just the same.
    What do you need explained?

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