To prove a medical professional failed to act with a legal standard of care, one has to determine what the standard of care is relative to the case. The standard of care means the rule that applies in a given situation. Once one identifies that standard of care, the question is whether the doctor and nurses complied with the standard of care.
For example, if the baby’s external fetal monitor is showing signs of fetal distress, meaning that the baby is not getting sufficient oxygen for a prolonged period of time, the standard of care requires that the doctor take action. That action could be an emergency cesarean section to deliver the baby right away. The standard of care in these situations could be to give the mother oxygen or to position the mother on her left side to improve the oxygenation delivery to the baby. It could also involve a scalp electrode in which they could get a more precise measurement of the baby’s heart rate and responsiveness.