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What is Reasonable Care vs. Standard of Care?

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What is Reasonable Care vs. Standard of Care?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Reasonable Care vs. Standard of Care Himelfarb Proszanski

What is reasonable care vs. standard of care? And is there a difference in a personal injury case? When you are establishing fault for an injury or accident, you must be able to prove that there was a duty of care by the responsible party. This applies to all injury cases. Establishing a duty of care is the first requirement in all negligence cases.

Once you have established that there was a duty of care, the next step is determining if that duty was breached. To do this, you must determine if reasonable care was used and the standard of care accepted.

Reasonable Care vs. Standard of Care in Ontario

Many people use the terms of reasonable care and standard care interchangeably. In some instances, this may be acceptable, but legally it must be understood that there is a difference.

The definitions for reasonable care vs. standard of care are as follows:

Reasonable care is the caution and concern used by an average, rational person in any given situation to prevent the harm of others.

Standard of care is the acceptable standard of care acceptable in society or in a profession.

Example of reasonable vs. standard in a car accident situation:

A person has a reasonable duty to operate their vehicle safely at all times. The standard duty, in this scenario, would be the exact same.

However, in a situation involving a coach and an injured player, the terms reasonable vs. standard are a bit different.

The standard of reasonable care in this situation would state that the coach enforces the use of safety equipment before allowing a player to enter the game. A standard duty, or one that is accepted by profession, would require the coach to hold back a player from entering a game if they know that the player has an injury and could further injure themselves, even if they are wearing safety equipment.

Reasonable care vs. standard of care is also a little different when it comes to medical treatments. The treatments provided by any medical care provider could be defined as reasonable if the condition was stabilized. For example, a person enters the hospital with a broken arm, and the attending care provider places it in a cast so that it may heal.

Your care, however, must be met with professional standards. The person who entered the care facility with a broken arm should have an x-ray taken of the arm to distinguish where and how it is broken. If the bone needs to be reset, this must be done before stabilizing the arm in a cast. Once this has been completed, the arm must be put in a cast, or similar stabilization device, and instructions for care should be provided.

When You Are Injured Speak With A Personal Injury Lawyer

As you can see, the legal issues surrounding reasonable vs. standard can quickly become complex. Working with a lawyer when you have been injured will help you avoid any reasonable doubts as to the standards that were due to you by the responsible party.

To have a successful case, your lawyer must prove the following facts:

  • There was a duty of care due to you by the responsible party
  • There was a breach in that duty
  • The breach in that duty caused you to become injured or harmed
  • The injury caused you financial damages

When you have a lawyer managing your claim for compensation, you have the knowledge and resources of their profession backing your case. This will give you an advantage over seeking compensation for your losses on your own. Since legal definitions can be so tricky, and the wrong use of a word can mean a claim denial, it is always in your best interest to have legal representation.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

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Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

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Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
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I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
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23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
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15:52 06 Dec 23
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Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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