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Standard of care regulates the extent of the caution that the medical provider should follow to ensure patients safety. In situations when the standard of care is breached, causing negative implications for the victims health, the case can be tried in court. In the first step of the discussions of the standard of care cases, the court should explore the fundamental safety requirements to understand whether the defendant is guilty. The standard is usually assessed through independent medical professional expertise. Then, the court analyzes the testimonies of the plaintiff, the defendant, and the expert witnesses. It is necessary to examine each cases insights because there are many ways to deliver the treatment to the patient. Here the opinion of the expert witnesses is required to execute a fair judgment. Expert witnesses may consult on healthcare-related issues such as medical malpractice, competence, skills, and national healthcare standards. The testimony of the expert witnesses is an essential step of the procedure because it helps to perform the professional expertise of the case from the inside.
Based on all the provided testimonies and the established health care standard requirements, the court decides whether the plaintiffs claim is reasonable. The other factors which are vital for the courts consideration are the medical organization budget and ability to perform the medical procedures. Another factor is the level of unexpected danger and the possibility of medication error causing accidental harm to the victim. Usually, the discussed above procedures and testimonies are enough to analyze the case from different perspectives and pass fair judgment.
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