ABA Family Legal Guide

Personal Injury

Negligence

Medical Malpractice

How does a jury determine if a doctor's actions were within the standards of good medical practice?

A jury will consider testimony by experts--usually other doctors--who will testify whether they believe your physician's actions followed standard medical practice or fell below the accepted standard of care. In fact, many states require a plaintiff in a medical malpractice case to have expert testimony supporting the plaintiff's position. In deciding whether your heart surgeon was negligent, for example, a jury will be told to rely on expert testimony to determine what a competent heart surgeon would have done under the same or similar circumstances. A specialist, like a heart surgeon, is held to a higher standard of care than that expected of a nonspecialist.