What is the applicable standard of care in medical device injury cases?
The applicable standard of care in medical device injury cases in California is the same as any medical malpractice case. California law states that doctors must exercise the same level of care and skill as other reasonably prudent doctors would exercise in similar circumstances. This means that the doctor must meet a standard of care that is reasonable for the medical industry at the time of the incident. If a doctor does not meet this standard of care, then they can be held liable for medical malpractice. In the case of medical device injury, the standard of care is the same as any other medical malpractice case. The doctor must exercise the same level of care and skill as other reasonable doctors would in similar circumstances. This means that the doctor must be aware of any potential risks associated with the medical device and warn the patient of those risks. The doctor must also make sure that the device is used in according to the manufacturer’s instructions and that the patient is monitored for any adverse reactions or complications. If a doctor fails to meet this standard of care and a patient is injured as a result, then the doctor can be held liable for medical malpractice. The patient would then be able to pursue a lawsuit to recover damages. The damages can include medical expenses, lost income, pain and suffering, and other costs related to the injury.
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