What is the purpose of a standard of care in a birth injury case?
The purpose of a standard of care in a birth injury case is to determine whether the medical professionals involved in the care of the mother and baby provided medical services that met, or fell short of, accepted standards. A standard of care in birth injury cases in New Jersey sets the bar for how a doctor, nurse, or other relevant hospital personnel should act in relation to the care of a mother and baby. It is the benchmark by which the court assesses whether or not the care given to the expectant mother and baby was adequate or below what is expected of a competent medical professional. In a New Jersey birth injury case, the standard of care is decided through expert opinion. In other words, medical professionals will testify in court as to how they would have acted in a similar situation. This allows the court to decide whether the actions of the providers involved in the case met, or fell short, of the accepted standard of care. The purpose of a standard of care in a birth injury case is to set a clear line between acceptable and unacceptable medical care. It is also to provide a legal basis for determining whether health care providers should be held liable for their actions. This helps patients and their families receive fair and equitable compensation for any losses or damages that may have been caused as a result of medical negligence or lack of compassion.
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