What is the applicable standard of care in medical device injury cases?

The applicable standard of care in medical device injury cases in North Dakota is the same as any other medical malpractice case: the standard of care expected of a reasonably competent healthcare professional under the same or similar circumstances. This standard requires that the healthcare professional: is aware of the accepted standards of medical practice, is up-to-date on the latest medical practices and treatments, makes sure to provide the highest standard of care when diagnosing and treating a patient, communicates effectively with the patient and their family about the risks and benefits of treatment, and follows through with the course of action that is best for the patient. In medical device injury cases, the standard of care looks to determine whether the healthcare professional was negligent in their care or handling of the medical device. Was the device properly fitted and tested to ensure that it operated as it was intended? Was the patient informed of the risks involved in using the device? Did the healthcare professional use reasonable care and caution when monitoring the patient’s condition? Was the device properly maintained and monitored to prevent further injury or damage? In addition to these questions, the court may look to see whether the healthcare professional acted in accordance with industry standards for the device in question. If the device was used incorrectly or not monitored properly, then the healthcare professional may be held liable for any injury or damage that results. By looking at the standard of care expected in a medical device injury case, the court can determine whether a healthcare professional was negligent in their use of the device or in their care of the patient.

What is the applicable standard of care in medical device injury cases?

Related FAQs

Related Blog Posts