Can I file a birth injury lawsuit if the birth injury was caused by an act of God?

In Delaware, filing a birth injury lawsuit in cases where the injury was caused by an act of God is possible, but unlikely to be successful. This is because the doctrine of contributory negligence prevents many cases from succeeding. Under this doctrine, if the plaintiff (or their attorney) can not demonstrate that the doctor or hospital acted negligently in causing the birth injury, then the case will be dismissed regardless of any other contributing factors. However, there may be some exceptions to this rule. For example, if a doctor or hospital failed to take reasonable precautions to ensure the safety of mother and baby, they may still be held liable. If the doctor or hospital acted recklessly or carelessly in providing medical care, and this led to a birth injury, then they could be held responsible. Ultimately, any birth injury lawsuit in Delaware must demonstrate that a doctor or hospital provided below-standard care that led directly to the injury. If the injury was caused by an act of God, then the plaintiff must still meet this criterion. Otherwise, the case may not have a satisfactory outcome.

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Can I file a birth injury lawsuit if the birth injury was caused by an act of God?

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