Can I file a birth injury lawsuit if the birth injury was caused by an act of God?
The short answer is it depends, but in general, no, you cannot file a birth injury lawsuit if the birth injury was caused by an act of God in South Dakota. In South Dakota, “Acts of God” are legally defined as “forces of nature beyond human control that could not have been prevented by ordinary care, skill, or foresight.” This means if there were extraordinary circumstances beyond anyone’s control, it is likely that the injury would be considered an act of God and not something for which you could file a birth injury lawsuit. For example, if a tornado came through during the birth and caused injury, you would not be able to sue for a birth injury in this case. It is important to note that the responsibility of determining whether a birth injury was a result of an act of God rests with the court, so if you feel that your case meets certain criteria you may want to consult with a qualified birth injury attorney. Your attorney will be able to review the circumstances of the birth injury and advise you as to whether it is likely to be considered an act of God for which you would not be able to sue. With a bit of research you can also find information on the legal definition of “Acts of God” in South Dakota, and other information that may help you to determine if your case is eligible for a birth injury lawsuit.
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