What is a birth trauma claim and how can it be used in a birth injury lawsuit?

A birth trauma claim is a form of medical malpractice claim usually brought against medical professionals, such as doctors and nurses, after a child has been injured during birth. These claims allege that medical negligence or recklessness resulted in the infant’s harm and seek to hold the medical professionals responsible. In Oregon, a birth trauma claim can be the basis of a birth injury lawsuit brought against medical professionals and the health care institution where the child was born. In order to succeed in a birth injury lawsuit, a plaintiff must prove that the medical professional was negligent in the care of the infant or mother during the birth process. This means that the plaintiff must prove that the medical professional’s action (or inaction) fell below the standard of care as expected by an average and reasonable medical professional in similar circumstances. In order to prove their claim, a plaintiff must present sufficient evidence of the medical professional’s negligence and the resulting injury. In Oregon, a birth injury lawsuit must be filed within two years of the birth or within two years of the time the plaintiff discovered (or should have discovered) the injury. It is important to note that there are other applicable deadlines, so it is best to speak to an experienced birth injury lawyer as soon as possible after an injury has occurred. An experienced birth injury lawyer can review the facts of the case and advise about filing a claim and the applicable time limits.

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What is a birth trauma claim and how can it be used in a birth injury lawsuit?

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