In a medical malpractice case, who typically establishes the standard of care?

In a medical malpractice case, the standard of care is typically established by an expert witness. This is because the standard of care refers to the degree of skill and diligence that a reasonably competent healthcare provider would exercise under similar circumstances. Since this is a technical and specialized area of knowledge, expert witnesses—who are usually medical professionals with relevant expertise—are called upon to explain what the accepted standards of practice are in the medical community.

These experts analyze the behavior of the defendant and compare it to the established standards. Their testimony is critical in helping the court understand whether the defendant's actions deviated from what is considered acceptable in the field, which can determine the outcome of the malpractice claim. The expert witness not only defines the standard but also lays the groundwork for evaluating whether the healthcare provider failed to meet that standard and thereby contributed to the patient's harm.