Definition of Established Customary Standard of Care
Established Customary Standard of Care, see also Duty, is the level of care and skill that the average doctor would provide to a patient who sought medical care. Personal injury claims are often brought against medical doctors who breached their duty by not providing this level of care.
Negligence in the most general sense is "the standard of conduct to which one must conform? [and] is that of a reasonable man under like circumstances."Medical malpractice is a specific type of negligence which requires specific requirements for the plaintiff to recover damages. These requirements include duty, breach of duty, harm, and causation.
The second element, breach of duty, is synonymous with the "standard of care" which is the quality of care a doctor is requirement to practice under the law. This means the doctor has an obligation to "use minimally sound medical judgment and render minimally competent care in the course of services he provides." What many patients must realize is that just because they did not get the result they wanted the doctor did not necessarily breach their duty. A physician does not guarantee recovery.