Can I file a birth injury lawsuit if the birth injury was caused by an act of God?
No, you cannot file a birth injury lawsuit if the birth injury was caused by an act of God. This is because acts of God are not considered negligence and are typically out of the control of everyone involved. In Texas, negligence is the legal basis for a birth injury lawsuit. Under tort law, a plaintiff must prove that the defendant failed to provide the care that an ordinary person would have in the same circumstance in order for them to be found negligent. Acts of God, such as natural disasters or unforeseen medical complications, are considered beyond the scope of reasonable care. This means even if the event caused harm and loss, the defendant cannot be held responsible. In the case of a birth injury, a plaintiff would have to prove that the medical professionals or hospital staff failed to provide the level of care that a similar medical practitioner would have provided in the same circumstances. If a medical professional’s actions deviated from what would normally be expected from a similar medical practitioner, the doctor may be found at fault for a birth injury. In this case, a birth injury lawsuit may be filed against the healthcare practitioner. If this is proven, the plaintiff may be eligible to receive compensation for their losses.
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