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 evaluate whether the care the mother or child received before, during, or after the birth met accepted medical guidelines, or fell below the accepted standard of care. In the state of North Dakota, this standard of care is determined by an expert panel, made up of physicians who are knowledgeable about the medical condition of a pregnant woman or her baby. The panel reviews all the facts of the case to determine whether the care the mother or baby received was adequate, or whether the doctor and medical staff failed to meet the accepted standard of care. Based on this evaluation, the panel can recommend additional treatments or procedures which could have been implemented to reduce the risk of or prevent birth injury. In the event of a birth injury, the standard of care also determines whether the medical staff acted negligently or with malpractice. If they did not meet the accepted standard of care, the patient may be able to pursue a legal claim based on the negligence or malpractice. By looking at the evidence and determining whether the standard of care was met, an expert panel helps both the patient and the medical staff determine their rights and responsibilities in the event of a birth injury.
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