What is a breach of duty in a birth injury case?
In a birth injury case, a breach of duty is when a medical professional fails to provide appropriate care to a pregnant woman or her child. This includes instances such as failing to monitor the mother or child for signs of distress, failing to provide appropriate treatment for a known or suspected medical condition, and failing to alert doctors to changes in the mother or child’s health. In Washington, medical professionals are legally required to follow the standard of care, which is the accepted level of skill and treatment that is generally used in similar circumstances. When medical professionals fail to meet this standard of care, it is considered a breach of duty. As a result, they can be held legally liable for any resulting injury or harm to the mother or her child. A breach of duty can result in a number of different consequences, depending on the scenario. For instance, the patient and/or their family may be entitled to damages if the breach of duty caused the injury or worsened existing conditions. In addition, disciplinary action may be taken against the medical professional, such as revoking their medical license or censuring them. In short, when a medical professional fails to meet the standard of care required in a birth injury case, it is considered a breach of duty. This can result in legal and financial consequences for the medical professional, as well as compensation for the patient and/or their family.
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