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

The applicable standard of care in medical device injury cases in Kansas is the same as in all medical malpractice cases: that of a reasonable medical professional in the same specialty or field. In other words, the medical professional must provide care that is accepted within their specialty or field and must provide a level of care that a reasonable practitioner of the same specialty or field would provide under similar circumstances. The standard of care for medical device injuries typically requires the medical professional to use or prescribe the device in a way that is consistent with the manufacturer’s instructions, labeling, and warnings. This means that a medical professional must use the device only in the manner in which the manufacturer intended in order to meet the standard of care. Furthermore, medical professional must properly inform the patient of the risks associated with the device and obtain the patient’s informed consent before using the device. In cases where a medical professional has not acted in accordance with the applicable standard of care, they can be found negligent and held liable for the injuries sustained by the patient due to their failure to provide the appropriate standard of care. In order to prove liability in a medical device injury case, the injured patient must show that the medical professional provided care that did not meet the established medical standard of care.

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

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