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 the medical professional’s performance to determine if the medical provider was in violation of accepted medical practice. In Washington, the legal standard of care is established by physicians and hospitals in the same field in similar circumstances. This is the standard that a medical care provider is expected to meet in order to provide proper medical care. If a parent feels a medical provider failed to meet the standard of care, then a birth injury lawsuit may be filed. The standard of care serves as the legal benchmark for evaluating the actions of the medical care provider. If it is shown that the medical professional did not meet the standard of care, the court may be more likely to award damages to the parent. The standard of care also helps to define a physician’s duty to their patients and governs the professional behavior of medical providers. This includes making sure that proper medical procedures are being followed and that new technologies, best practices, and treatments are being used. This helps to keep medical care up to the standards of the medical community, protecting both parents and their children.
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