The term “standard of care” has various definitions from state to state and from region to region. The term refers to a general concept of “what the average healthcare provider would have done under the same or similar circumstances.”
Some years ago, I was sitting in the hospital doctor’s lounge discussing the opinions of a plaintiff expert in a malpractice case. An older general surgeon looked at me and said “Jacobs, I’ll tell you what the standard of care is. It’s whatever the expert witness tells the jury it is.”
There is a great deal of truth to that statement.