Negligence constitutes a failure to fulfill the duty of care, either through improper actions or inaction. Negligence involves conduct that falls below the established standard of care, which means not acting with caution or in the manner that a reasonably prudent person would under similar circumstances.
In medical malpractice cases, understanding and establishing what constitutes prudence and negligence hinges on the insights of qualified expert witnesses (EW). Each party in the dispute will employ expert witnesses relevant to the specific medical field involved—be it a PACU nurse for nursing care issues, or a cardiologist for heart-related matters. In anesthesia, either an anesthesia provider or an MD may serve as an expert witness for cases involving anesthesiologists or anesthesia providers, in alignment with the Care Team Model. These experts are required to have credentials and experience equivalent to the defendant's, and must have been active in similar situations at the time the incident occurred, not just at the time of trial. Their role is to address the care standard at the incident's moment, providing opinions on the negligence's likelihood; understanding that no scenario is entirely clear-cut.
If the plaintiff can demonstrate that the care deviated from the accepted standard, establishing negligence, the next step is to prove this negligence led to injury or harm—this establishes causation.
