Weatherby Law Firm, P.C.

About Weatherby Law Firm, P.C.

Second, the patient must demonstrate there was a breach of the standard of care . The standard of care means that the doctor, nurse, or medical professional did not act as a reasonable medical professional would under similar circumstances. Sometimes, breach of the standard of care is quite obvious, such as when a doctor failed to remove a surgical tool. Many times, however, the plaintiff and the defendant will disagree as to the appropriate standard of care. As a result, the plaintiff will have an expert (a medical professional who performs the treatment in question) and the defendant doctor will likewise have an expert.

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