What is a breach of duty in a birth injury case?

A breach of duty in a birth injury case is when a medical professional fails to provide the accepted and expected level of care for a patient. This is considered a form of medical negligence and is used as the basis of a birth injury lawsuit. In California, medical professionals have a duty to use due care when providing treatment, which means they must use the same level of care as a similarly qualified doctor in the same field would use under the same circumstances. If a doctor or any other medical professional breaches this duty, they are liable for any resulting harm that is caused to the patient. In a birth injury case, a breach of duty might include a doctor failing to order tests or an appropriate level of monitoring, choosing a risky delivery method, or failing to deliver the baby in a timely manner. Birth injury cases are complex and require an in-depth review of the medical records to determine if a breach of duty has occurred. If it is found that the medical professional failed to meet the standard of care, then the medical professional can be liable for the resulting injury to the infant.

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What is a breach of duty in a birth injury case?

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