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

A birth trauma claim is one type of claim that may be used in a birth injury lawsuit in Washington. This claim is usually associated with cases where a medical professional or health care facility is considered to have caused injury to a newborn baby during labor or delivery. Examples of this type of claim include allegations of medical negligence, such as failure to properly monitor a baby’s vital signs, failure to take precautions to avoid a birth injury, or failure to properly diagnose the onset of labor. In a birth injury lawsuit, a birth trauma claim can be used to prove a medical professional’s or health care facility’s liability for the injury sustained. To do so, evidence must be presented to demonstrate that the negligence or misconduct of the medical professional or health care facility caused the injury to the baby. Courts in Washington consider factors such as the severity of the injury, the standard of care provided by the medical professional or health care facility, and whether the injury could have been avoided or prevented. Once liability is established, it must be proven that an injury occurred as a direct result of the medical professional or health care facility’s negligence or misconduct. The court must consider the medical condition of the baby before and after the injury, the medical expenses incurred, and any emotional distress caused by the injury. If the court finds that the medical professional or health care facility’s negligence or misconduct caused the injury, a birth trauma claim may result in compensation for the injured baby.

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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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