This refers to the degree of prudence and caution that is required by a doctor or any professional entrusted with a professional duty. A doctor cannot be sued for being human and making an error. However, he can be sued by falling short of the standard of care set by the industry, and breaching a standard of acceptable conduct, which is also considered negligence.

Medicine.net defines this “standard” as “a diagnostic and treatment process that a clinician should follow” according to the type of patient, illness and circumstance. In other words, a standard is a precedent set by the medical community. The site continues its explanation, stating that this standard of care is how “similarly qualified practitioners would have managed the patient's care under the same or similar circumstances.”

This is a very critical issue when dealing with children and birth injury. A doctor that oversteps his bounds, or fails to take needed action, is not only giving the entire profession a bad name but is also putting a child’s life in danger.

WrongDiagnosis.com quotes statistics from the writings of Brace, Pacanowski, and Weiner in stating that there are seven incidents of birth injury for every 1,000 children born. That means there are 28,000 cases of birth injury reported each year, or the equivalent of .01 percent.

A doctor owes his or her patients a certain quality of service, a certain respect for life that follows precedent of the community. If not perfection, if not a guarantee of safety, then a doctor still owes her patients a specific standard of care. If the doctor falls short of this standard then it becomes a liability issue. You may even have a birth injury malpractice suit on your hands. If you would like to learn more about your options then contact the Rasansky Law Firm at 1-800-ATTORNEY.