Standard of care

What is the standard of care?

The standard of care is the benchmark against which a defendant's conduct is measured to determine whether it constituted a breach of the duty owed.

For ordinary negligence, this is generally the conduct of a reasonably careful person under similar circumstances, a standard jurors can generally assess based on their own common experience and understanding.

For professional negligence claims, including medical malpractice, the standard becomes considerably more specific and technical, requiring expert testimony to establish what a competent professional in that specific field would have done.

This distinction between ordinary and professional standards shapes what kind of evidence is actually needed to prove a claim.

How is the standard established for ordinary negligence?

Jurors are generally considered capable of understanding, without expert assistance, what reasonable behavior looks like in common everyday situations.

• What careful driving requires under given road and weather conditions
• What reasonable premises maintenance requires of a property owner
• What reasonable supervision requires in various common situations
• Reasonable behavior for a homeowner or property occupant
• Reasonable conduct in operating common household or recreational equipment

Why does the professional standard require expert testimony?

Because jurors generally lack the specialized training and knowledge needed to independently assess what a competent surgeon, engineer or other licensed professional would have done under the specific circumstances presented.

An expert witness from that same field must therefore establish what the applicable professional standard actually required, and whether the defendant's specific conduct fell below it.

This is precisely why New Jersey requires an affidavit of merit early in most professional negligence cases, ensuring that a qualified expert has reviewed the case and genuinely believes it has merit before the litigation proceeds much further.

How does the standard vary across different professional fields?

Medical malpractice generally examines what a reasonably competent practitioner in the same specific specialty would have done under similar clinical circumstances.

Legal malpractice examines what a reasonably competent attorney would have done given the specific facts and applicable law at issue in that matter.

Other licensed professions, including engineering, accounting and architecture, each have their own established professional standards, typically established through expert testimony from within that same specific field.

Common questions

Do I always need an expert to prove the standard of care was breached?

For ordinary negligence involving matters within common understanding, generally not. For professional negligence claims, expert testimony is typically required.

How is the medical standard of care determined?

Through expert testimony from a qualified physician, typically in the same specialty, establishing what a reasonably competent practitioner would have done under similar circumstances.

Does following common practice within a profession guarantee meeting the standard?

Common practice is relevant evidence, but it does not automatically establish that the standard was met, since customary practice itself can sometimes fall short of what reasonable care actually requires.