What is the burden of proof for a birth injury claim?
In Oregon, the burden of proof for a birth injury claim is “a preponderance of evidence”. This means that in order for a claim to succeed, the person filing the claim must present enough evidence to show that it is more likely true than not true. In order to prove a birth injury claim, the person filing the claim must show that the injury was caused by the negligence or misconduct of the medical provider. Negligence or misconduct can include, but is not limited to, failure to diagnose, delayed diagnosis, incorrect use of medication, or improper use of medical equipment. The person filing the claim must also show that the negligence or misconduct was a direct cause of the injury. The medical provider may also have a defense to the claim. Under Oregon law, a medical provider may raise a defense of “ informed consent”, which means that they are not liable for any injuries resulting from a patient that did not give informed consent for a particular procedure. In summary, the burden of proof for a birth injury claim in Oregon is a “preponderance of evidence”. In order to succeed in a claim, the claimant must present enough evidence to show that the medical provider breached their duty of care, and that the breach of their duty of care was a direct cause of the injury suffered by the patient. The medical provider also has the right to raise a defense of “informed consent”.
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