What are some common defense strategies used in birth injury cases?

In birth injury cases, the defense may use different strategies in order to contest the plaintiff’s claims. Common defense strategies include arguing that the medical care or treatment provided to the mother and baby met the standard of care for the situation, that the injury was not caused by the medical care or treatment, or that the harm caused to the baby was unavoidable and not the result of medical negligence. The defense may also argue that the standard of care for the situation was inadequate or that the medical professionals took all reasonable precautions to prevent harm. It can also be argued that the plaintiff failed to provide proper medical care prior to the injury or that the baby’s injuries were caused by the mother’s actions. In some cases, the defense may also make use of the “learned intermediary” doctrine. This means that the defense argues that the medical professional was the one who should have been held responsible for informing the mother of information regarding risks associated with the baby’s birth. The defense may also use the “emergency doctrine” which claims that medical professionals had no time to obtain informed consent from the mother. In New Jersey, the defense must prove that the medical professional complied with the accepted standard of care, did not breach any duty owed to the mother or baby, and that any injury that occurred was unrelated to medical negligence. Additionally, the defense may attempt to minimize the severity of an injury or attempt to show that a plaintiff failed to take adequate steps to prevent the injury.

What are some common defense strategies used in birth injury cases?

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