What are some common defense strategies used in birth injury cases?
Common defense strategies used in birth injury cases in Tennessee involve challenging the cause of the injury. Medical professionals often argue that the injury was unavoidable or caused by a pre-existing medical condition or was actually caused by the mother during labor. For example, some doctors may argue that the injury occurred because the mother suffered from a previously undetected medical condition, such as a genetic disorder. Alternatively, they may argue that the mother failed to follow the appropriate labor and delivery protocol, such as not taking the necessary precautions to avoid infection. Defendants may also argue that the injury was due to events that occurred during the course of the delivery and labor process, such as the use of forceps or vacuum extractors. Additionally, they may contend that the injury was caused by a procedural error during the delivery or labor such as a late diagnosis of a medical condition, improper handling of the delivery, or failing to properly monitor the fetal heart rate. In some cases, the defense may also contend that the injury was unavoidable due to factors such as the infant’s size, gestational age, or other factors related to the mother’s health. They may also argue that the injury was caused by an event that occurred after the delivery, such as an infection or failure to properly monitor the baby after the birth. Finally, the defense may utilize the “avoidable consequences” strategy, which attempts to demonstrate that if the parents had taken certain precautions or followed a certain protocol, the injury could have been prevented. This strategy is used to limit liability, but may not completely exonerate the defendant.
Related FAQs
Do I need a lawyer to file a birth injury claim?What is the difference between a birth injury and a birth defect?
What is the “standard of care” for birth injury claims?
What is obstetrical malpractice and how do I prove it?
How much does a birth injury lawyer cost?
What kinds of medical records can be used to prove a birth injury claim?
What is cerebral palsy?
Is cerebral palsy always caused by medical negligence?
What is the difference between birth injury and birth trauma?
Are there any specialized lawyers that handle birth injury claims?
Related Blog Posts
Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023