The legal standard of care

Standard of care is a legal concept of establishing, on a case by case basis, the minimal quality of care that must be met to defend against a claim of negligence in a lawsuit. Unlike other "standards," it is not prescriptive, but it does encompass diagnosis and overall management of patients, not just treatment. The standard is determined by assessment of the credibility of expert witnesses, the appropriateness of written evidence, and pertinent laws and regulations. Although the burden of proof rests with the plaintiff, only a preponderance of the evidence, not certainty beyond doubt, is required. Practice, especially diagnosis and informed consent, must be updated continuously.