What are some common defense strategies used in birth injury cases?
In Oregon, birth injury cases can be difficult to litigate, as the defense often has the upper hand. Common defense strategies used in birth injury cases include claiming that the injury was caused by unforeseen or unpreventable factors, arguing that a delay in treatment did not cause the injury, or arguing that the injury was caused by a pre-existing condition. The defense may also try to blame the parents, arguing that they should have sought medical attention sooner, or that they misused or neglected their newborn. In some cases, the defense may also argue that the injury was a result of the mother’s age or health condition. Another defense strategy that is sometimes used in birth injury cases is to claim that the injury was unavoidable, even if it was caused by negligence on the part of the medical staff. The defense may try to prove that the injury was due to an unpredictable medical condition, or that it was caused by a sudden unpredictable event. At any rate, when a birth injury case is litigated in Oregon, it is important for the injured party to have a good legal team on their side that can refute any claims made by the defense. With experienced legal representation, victims of birth injury can receive the compensation they deserve, particularly if the injury was the result of medical malpractice.
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