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

When a family is considering filing a birth injury lawsuit, it is important to understand the common defense strategies used in Texas. Generally, defense strategies in birth injury cases focus on proving that the injury was not preventable, or that the medical professional’s care was within accepted standards. A common defense strategy that is used in birth injury cases is “comparative negligence.” This defense argues that the injury could not have been avoided since the plaintiff’s actions, or lack thereof, also contributed to the injury. In other words, the defense will argue that the plaintiff’s carelessness in some way is to blame for the injury. Another common defense strategy is to argue that the medical professional’s actions were within the accepted standards of care. This argument means that the medical professional did not deviate from a standard level of accepted care, and as a result, the injury could not have been prevented. The defense may also argue that the injury was caused by an outside factor that was completely out of the medical provider’s control. For example, if a birth injury is found to be caused by a rare genetic disorder, the defense may argue that the birth injury was unpreventable due to the medical provider’s lack of access to the disorder. Finally, the defense may also argue that the injury was too minor to warrant litigation. This argument suggests that the injury did not cause significant or long-term damage and is, therefore, not worth pursuing litigation. These are some of the most commonly used defense strategies in birth injury cases in Texas. It is important for families to understand these strategies before beginning a birth injury lawsuit.

Related FAQs

Can I file a birth injury lawsuit if the birth injury was caused by an act of God?
What types of birth injury can occur during delivery?
What is a stillbirth and can a parent file a birth injury lawsuit?
What is the difference between a birth injury and a birth defect?
What are the common causes of birth injury?
How much does a birth injury lawyer cost?
What is a wrongful death lawsuit and how can it be used in a birth injury case?
How long does a birth injury claim take to settle?
Can a medical birth injury lawsuit be filed after the statute of limitations has expired?
What is the difference between a birth injury claim and a medical negligence claim?

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

Related FAQs

Related Blog Posts