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Margaret Battersby Black is an influential trial lawyer in Illinois with more than 15 years of experience handling complex cases involving nursing home abuse, birth injuries, medical malpractice, and sexual assault. Her successful case results have set state records and made media headlines. She is a regular guest commentator for various news outlets in the Chicago area. Margaret is also a mentor to law students and younger lawyers. In 2015, Chicago-Kent Law School honored her as Outstanding Alumna of the Year for her significant contributions to the legal community. She is currently representing several former student-athletes in the Northwestern University hazing scandal.
Read Bio
Margaret Battersby Black is an influential trial lawyer in Illinois with more than 15 years of experience handling complex cases involving nursing home abuse, birth injuries, medical malpractice, and sexual assault. Her successful case results have set state records and made media headlines. She is a regular guest commentator for various news outlets in the Chicago area. Margaret is also a mentor to law students and younger lawyers. In 2015, Chicago-Kent Law School honored her as Outstanding Alumna of the Year for her significant contributions to the legal community. She is currently representing several former student-athletes in the Northwestern University hazing scandal.
Standard of care refers to the level of care, skill, and treatment that a reasonably competent professional would provide under the same or similar circumstances. While the term is most commonly associated with medical malpractice cases, the concept applies across personal injury law whenever the conduct of a professional is being evaluated.
Understanding the standard of care helps explain how courts determine whether negligence occurred. It is not enough that something went wrong. The question is whether the person providing care acted in a way that meets what is reasonably expected of someone in their position.
How Standard of Care Differs From Duty of Care
Duty of care establishes that a legal obligation exists. Standard of care defines what meeting that obligation actually looks like in practice. For example, a surgeon has a duty of care to every patient on the operating table. The standard of care then defines the specific level of skill and attention a reasonably competent surgeon would apply during that procedure. A breach of the standard of care occurs when the surgeon’s actions fall below that standard.
How Standard of Care Applies Across Practice Areas
- Medical malpractice: In Illinois, medical malpractice cases require a qualified healthcare professional to review the case and, in a written report, confirm that the provider’s conduct fell below the accepted standard of care. This requirement is codified under 735 ILCS 5/2-622, which establishes that no malpractice claim can proceed without this affidavit of merit. A doctor who misdiagnoses a condition, performs an incorrect procedure, or makes a surgical error may have fallen below the applicable standard of care.
- Car accidents: For everyday negligence, including car accidents, the standard of care is based on what a reasonable person would do under the same circumstances. A driver is expected to follow traffic laws, maintain a safe speed, and stay attentive. Conduct that falls below this standard, such as distracted or impaired driving, may establish negligence.
- Nursing home and elder care: Nursing homes and assisted living facilities are expected to meet standards set by the Illinois Nursing Home Care Act (210 ILCS 45) and by accrediting bodies such as the Joint Commission for the care of vulnerable residents. This includes adequate supervision, proper medication management, and protection from foreseeable harm. Falling short of these standards may support a claim for nursing home neglect or abuse.
How Is the Standard of Care Established in a Personal Injury Case?
In most professional negligence cases, particularly medical malpractice, the standard of care is established through qualified expert testimony. An expert in the same field reviews the facts and provides an opinion on the appropriate standard and how the defendant’s conduct compares to it.
Does a Bad Outcome Mean the Standard of Care Was Violated?
Not necessarily. Medical treatment and many professional services carry inherent risks, and a poor outcome does not automatically mean negligence occurred. What matters is whether the professional acted as a similarly qualified provider would have under the same circumstances. If the answer is yes, there may be no grounds for a claim, even if the outcome was harmful.
What If You Are Not Sure Whether the Standard of Care Was Breached?
These determinations are rarely straightforward, which is why legal and medical guidance matters early. If you believe a healthcare provider, property owner, or another party failed to meet the standard of care owed to you, a personal injury attorney can help evaluate the facts and connect you with the resources needed to assess your claim.
Levin & Perconti has over 400 years of combined legal experience handling cases where clients were harmed because a professional failed to meet the standard of care owed to them. Call (312) 332-2872 or contact us online for a free consultation.
