What is a perinatal injury and how can it be used in a birth injury case?
A perinatal injury is a physical injury sustained by a baby before, during, or shortly after birth. It can range from mild bruising and soft tissue injuries to the more serious brain and organ damage. In a birth injury case, a perinatal injury can be used to demonstrate fault on the part of the doctor or medical professional. The burden of proof for a birth injury case in the state of Delaware is on the plaintiff to prove that the doctor or medical professional acted negligently or failed to exercise a duty of care. To do this, they must show that the doctor was derelict or careless in providing care to the mother and child, or that they failed to take medical precautions that would have prevented the injury or could have minimized the damages. In cases involving perinatal injuries, medical professionals must be able to prove that the injury was not a result of negligent actions but rather a result of a known medical complication, such as a birth defect. If the defendant can prove this, then it can be used to their advantage and the case could be dismissed. In cases where negligence is suspected, the plaintiff can request the medical records of the mother and child, along with expert testimony to determine if the doctor or medical professional acted in a reasonable manner. If not, then a perinatal injury can be used to demonstrate clear medical negligence.
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