What is the purpose of a standard of care in a birth injury case?
The purpose of the standard of care in a birth injury case is to determine if medical negligence or malpractice occurred. Under Oregon law, medical professionals are required to provide a certain level of care, also known as the “standard of care.” If the standard of care was not met, medical negligence or malpractice can be established. This sets the standard for how a medical professional should have acted, and is used to determine if they fell below the standard of care. The standard of care must be followed in order to protect both the parents and the health of the baby. For example, if a doctor failed to diagnose an illness in the newborn, the doctor may have been negligent in his or her duty if they failed to meet the standard of care set for medical professionals in Oregon. The standard of care also serves as a guideline that medical professionals must follow in order to act responsibly and within the scope of their profession. It is the responsibility of the medical professional to provide the highest level of care possible. In the event that medical negligence or malpractice is established, the doctor can be held liable for any damages resulting from their lack of proper care. Overall, the standard of care serves as the foundation for medical negligence and malpractice claims in Oregon. It establishes a baseline for what medical professionals should do in order to protect the health of their patients and provide a high level of care. When the standard of care is not met, medical negligence or malpractice can be established, and damages can be sought to compensate the victim.
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