It’s important to understand that in the eyes of the law, every medical malpractice case has to be supported by expert witness testimony.
The same questions have to be answered affirmatively in order to proceed with a medical malpractice case in general and certainly with any case involving a brain damaged child.
The first question is, what is the standard of care?
The word standard of care can be misleading and It is not very well defined.
Like the question is, what would a well educated and properly trained specialist do under the same or similar circumstances, and you can repeat that question for every person whose care you are evaluating resident, obstetrician, midwife, and so on.
The next question that you have to answer firm did the failure of the person who you’re suing to comply with the standard of care cause injury?
So not only do you have to prove that the particular person whose care you are questioning was negligent, meaning that it was not reasonable under the circumstances, you also have to prove that the care was a cause of the child’s injury.
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