What is the “standard of care” for birth injury claims?

The “standard of care” for birth injury claims is the legal obligation of all healthcare providers to provide reasonable medical care under similar circumstances. In Oregon, this standard is set by the Oregon Medical Practice Act and is based upon the practice of medicine accepted by similar healthcare providers in the same specialty or in the same geographic area. This includes a duty to provide the correct diagnosis, use medically accepted procedures, and provide appropriate follow-up care. Failure of a healthcare provider to meet this standard of care may result in a medical malpractice claim being filed against that provider. To prove that the healthcare provider is liable for a birth injury, the claimant must prove that the provider failed to provide care which a reasonable healthcare provider would have provided in similar circumstances. Each case must be evaluated carefully in light of the facts and applicable law to determine which standard of care applies. In order to prove a birth injury claim in Oregon, the claimant must typically show the following elements: (1) a medical provider had a duty to provide medical care to the mother and/or baby; (2) the medical provider did not meet the accepted standard of care for a similar provider in similar circumstances; (3) the mother and/or baby were harmed as a result; and (4) the harm was a direct result of the medical provider’s negligence. In some cases, birth injury claims may also be based upon a lack of informed consent. Infants and mothers have the legal right to make decisions before receiving medical treatment and healthcare providers must ensure that parents are properly informed and provide consent before beginning treatment. If a doctor fails to obtain informed consent, and the infant or mother is injured as a result, the doctor may be held liable for medical malpractice.

Related FAQs

What are some common defense strategies used in birth injury cases?
What is a perinatal injury and how can it be used in a birth injury case?
What is a neonatal nurse and how can they help with a birth injury case?
What is a fetal heart monitor strip and how can it be used in a birth injury claim?
Does birth injury law cover wrongful death cases?
How long does a birth injury claim take to settle?
What is the difference between a birth injury and a medical negligence claim?
Are there any specialized lawyers that handle birth injury claims?
What is a stillbirth and can a parent file a birth injury lawsuit?
What kinds of medical records can be used to prove a birth injury claim?

What is the “standard of care” for birth injury claims?

Related FAQs

Related Blog Posts