What are some common defense strategies used in birth injury cases?
There are several common defense strategies that are typically used in birth injury cases in Washington. The most common is that the injury was caused by a pre-existing medical condition, making the medical provider not liable. Another defense strategy is that the injury occurred after the medical provider had provided appropriate care, meaning they did not cause the injury. Additionally, medical providers may claim that the injury was unavoidable, even with the highest standards of care. Medical providers may also use the no-fault defense, meaning that the injury occurred through no fault of their own, or that the injury would have occurred regardless of their actions. Additionally, they may use the contributory negligence defense, meaning the injury was a result of the actions of someone else or the injured party themselves, thus relieving the medical provider of liability. In some cases, medical providers may also argue that the injury occurred due to an Act of God or a natural event, which they have no control over. Lastly, they may argue that the injury was a result of something the parents or family members of the injured party did or did not do. No matter which defense strategy is used, it is important that both sides are aware of the law in Washington and ensure their best interests are represented.
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