What are some common defense strategies used in birth injury cases?
In birth injury cases, defendants often use a variety of defense strategies to attempt to either minimize or deny any liability. In Delaware, some of the most common defense strategies used are contributory negligence, assumption of risk, and medical malpractice. Contributory negligence is used when the defense claims that the mother or someone else involved with the birth process was at least partially responsible for the injury. For example, the defense might claim that the mother failed to follow doctor’s orders or that she acted negligently during the birthing process, leading to the birth injury. Assumption of risk is another popular defense strategy in which the defense claims that the risk of the injury was known beforehand and that the mother knowingly assumed the risk. This defense strategy can be difficult to prove because it often requires evidence of a previous discussion or a signed consent form. Finally, medical malpractice is a defense strategy used when the defense claims the injury was caused by the doctor’s negligence. This defense strategy often requires expert testimony or other evidence to prove that the doctor’s actions or inaction were the direct cause of the birth injury. Overall, these are some of the most common defense strategies used in birth injury cases in Delaware. In any case, it is important to consult with a qualified attorney to ensure that all legal options are explored and that the plaintiff is fully prepared to take the case to court if necessary.
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