How do you establish negligence in a birth injury case?
The law provides doctors and other healthcare professionals with some leniency in making difficult decisions. For example, the best option for a patient’s care is not always clear. For that reason, doctors must adhere to a medically accepted standard of care that is reasonably expected of all healthcare professionals. This prevents legal claims in cases where a physician acted reasonably to diagnose or treat an illness or injury to the best of their ability.
Unfortunately, not all doctors meet this standard of care, and those who do not could face civil liability for damages caused to patients. To prevail in a medical negligence claim, an injured or sick patient must prove that their physician’s or surgeon’s failure to meet the standard of care directly caused their medical injuries.