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Birth Injury
- Feeding Tube Mistakes During Pregnancy Lead to Death and Despair
- Despite New Law, Midwives May Still Need Practice Orders to Practice Safe Medicine
- New Guidelines May Help Prevent Unnecessary Caesarean Sections
- Can you sue for your child being born?
- New Link Found Between Cerebral Palsy and Fertility Treatments?
News
Posted on 4/7/2010
Posted on 4/5/2010
Library
Birth Injury
- Problems that are associated with a premature delivery
- Infants resuscitated at birth have an increased risk of a low IQ score, even if they remain healthy during the neonatal period
- How to prove that your child's cerebral palsy is not a genetic abnormality
- Do not choose a nurse midwife for your pregnancy or labor and delivery until you read this!
- Mom entitled to damages for emotional anguish from birth of stillborn baby
Q: What is the #1 defense to a birth asphyxia case?
A: Very simple: the most common defense to a birth asphyxia case is "causation".
Causation means that something other than the traumatic birth caused the baby's brain damage. The defense "causation" arguments include congenital abnormalities (genetics), lack of fetal movement or growth during pregnancy, and injury to the brain after birth, but the most common is based on premature birth. Congenital abnormalities can be ruled out with genetic testing and abnormalities during pregnancy can be ruled out with a normal prenatal medical record. However, babies born premature (less than 35 weeks of gestation) often have multiple health issues because they are born before their organs have fully developed.
If your baby was not premature, genetic testing rules out congenital abnormalities, your prenatal medical record is normal, and your baby did not sustain any injuries to his/her head after birth, you are well on the road to proving that none of those factors caused your baby's brain damage. This is how you disprove the defense's causation argument.
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The Seven Deadly Mistakes of Malpractice Victims
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John H. Fisher
303 Clinton Avenue
Kingston, New York 12402-3058
Phone: 518.265.9131
Toll Free: 866.889.6882
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John H. Fisher
303 Clinton Avenue
Kingston, New York 12402-3058
Phone: 518.265.9131
Toll Free: 866.889.6882