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

The applicable standard of care in medical device injury cases in Washington is the “professional standard of care”. This means that the care that is provided by the medical professional must meet the minimum standards of care that other medical professionals in the same field and location would provide under the same or similar circumstances. To determine whether these standards of care are met, a process is used known as “negligence per se”. This process looks at how the medical professional acted in comparison to the established “standard of care”. If the medical professional acted differently than the majority of other medical professionals in the same field and location would have acted under the same or similar circumstances, the medical professional may be liable for any injuries the patient suffered. It is important to note that the applicable standard of care will vary depending on the medical professional’s field of expertise, the area of practice, any state or local laws that may apply, and any other circumstances that were in place at the time of the medical device injury. Therefore, to determine whether or not the applicable standard of care was met, an analysis of all of the above factors must be performed. This analysis must be done by a qualified medical professional with expertise in the medical device injury field in order to protect both the patient and the medical professional from any liability.

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

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