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Improper testing, breach baby and hip dysplasia
Should a doctor fail to perform proper testing while a baby was in breach, and the baby was born with hip dysplasia, there might be an action for medical malpractice. Medical malpractice can happen when a doctor or other professional involved in the healing arts deviates from the guidelines of care and treatment and injures a patient. To show medical malpractice, you must prove the following elements.
It must be shown that a doctor/patient relationship existed, and that the doctor owed the patient a duty of care. That means the patient wanted to hire the doctor and the doctor agreed to be hired. Special proof issues might arise for a consulting physician like a radiologist who did not treat the patient directly.
Standard of care
The standard of care for testing of a breach baby must be established, and then it must be shown that it was deviated from. That doesn’t merely mean that there was a baby born with hip dysplasia. It means that within a reasonable degree of medical certainty, the doctor caused the baby harm that a competent doctor who didn’t deviate from the standard of care would not have caused. Proving a deviation from the standard of care usually requires testimony from another physician who is an expert in the same branch of medicine as the doctor or other healing arts professional.
You’re required to show that the baby’s hip dysplasia was the direct result of the deviation from the medical guidelines that consist of the standard of care. Proof must be shown that but for the deviation, the baby would not have been born with the hip condition. Again, this is most likely shown by the baby’s expert medical witness who gives their opinion within a reasonable degree of medical certainty.
Even if it’s proven that there was a complete and total disregard for the applicable standard of care, the medical malpractice case won’t be successful unless it’s shown that the deviation resulted in an injury that’s compensable. Compensable damages include, but aren’t limited to additional pain and suffering, medical bills, lost earnings, permanency of injury and/or permanent disfigurement.
Those are the keys to any medical malpractice case. If any one of those elements is not proved, the medical malpractice case fails. Please call 703-370-8088 or contact us online today if you believe you have a lawsuit against a physician for wrongful practice.