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Medical Malpractice Guide

Standard of Care & Negligence

What the standard of care is and how lawyers prove breach and causation.

Standard of care and negligence

The standard of care is what a reasonably careful provider in the same specialty would do. Breach occurs when conduct falls below that standard and causes harm.

Proving breach and causation

  • Expert testimony explaining required care
  • Chart review showing deviations
  • Causation linking breach to injury
  • Rule out alternative causes

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Disclaimer: Laws differ by state and change over time. Always consult a licensed attorney in your jurisdiction.