What is the “standard of care” for birth injury claims?
The “standard of care” for birth injury claims in Washington is the same as it is for medical malpractice claims in other states. It is the level of care that a reasonably careful health care professional would have provided under similar circumstances. To determine if a doctor or other healthcare professional’s care met this standard of care, the court weighs a variety of factors including the patient’s medical history, the doctor’s medical specialty, and current accepted medical practices. If a court finds that the standard of care was not met in the case of a birth injury claim, a patient or their family may be entitled to receive both economic and non-economic damages for their injuries. Examples of economic damages may include the cost of medical treatment, hospital bills, lost income, and more; examples of non-economic damages may include pain and suffering, physical disfigurement, emotional distress, and other types of losses. In order to prove that the standard of care was not met, plaintiffs must generally demonstrate that the healthcare provider’s action or inaction fell below accepted professional standards. This can be done through expert testimony, close examination of medical records, and other evidence. It is important to note that proving a breach of the standard of care does not necessarily mean that a medical professional was negligent; rather, it only means that the care they provided did not meet the expectations of a reasonably careful professional.
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