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Birth Injury Liability in Florida


Medical malpractice claims are a specific type of personal injury suit, in which an injured patient attempts to hold the medical professional who caused his or her injury liable for damages. There are a number of different types of medical malpractice cases, some of which are based on injuries caused by surgical errors or prescribing the wrong medication to a patient, while others stem from a failure to diagnose or properly monitor a patient. Of the many types of injuries that can result from medical negligence, birth injuries are some of the most devastating, as they could affect the injured party for his or her entire life and can even result in death. For help assessing whether you or a loved one have a birth injury claim, please contact our dedicated medical malpractice liability attorneys today.

Defining Birth Injuries

Birth injuries are health problems, with which a child is born, but that could have been prevented if proper care had been taken during pregnancy or delivery. Symptoms vary based on the seriousness of the injury, as well as the specific characteristics of the mother and child in question. Similarly, the duration of symptoms depends on a number of factors, meaning that some symptoms are temporary, lasting only a few weeks, while others are more permanent, leading to lifelong disability. Some of the most commonly diagnosed birth injuries include:

  • Cerebral Palsy, which has been linked to maternal infections, infant stroke, oxygen deprivation, and infant infection and can affect a child’s mobility, balance, and posture;
  • Brachial Plexus, which occurs when a child’s upper arm is injured and manifests as weakness in the arm and an inability to use certain muscles;
  • Meconium Aspiration Syndrome, which occurs when an infant is under stress from a difficult delivery and can cause severe breathing problems after birth; and
  • Persistent Pulmonary Hypertension of the Newborn (PPHN), which occurs when fetal circulation is interrupted, leading to an inability to breathe, and is often the result of ingesting dangerous medications during pregnancy, untreated maternal infections, and performing unnecessary cesarean sections.

All of these birth injuries have a wide range of causes, but the most common include:

  • Failing to properly monitor a mother or her child during delivery;
  • Failing to conduct the proper tests during pregnancy;
  • Using improper methods or tools during the delivery of a child;
  • Prescribing the wrong amount of type of medication to a mother during her pregnancy or labor; and
  • Failing to perform an emergency cesarean section.

All of these examples represent negligent conduct, or a deviation by a medical professional from the relevant guidelines and standards of child delivery and care, for which the at-fault party can be held liable. While this could be the medical doctor who was in charge of delivery, negligent parties could also include nurses, midwives, pharmaceutical companies, and the health care facility itself.

Call Today for Legal Assistance

For help holding the medical professional who caused your own child’s birth injury accountable for his or her actions, please call 954-566-9919 to speak with one of the experienced Fort Lauderdale medical malpractice attorneys at Boone & Davis about your claim and legal options. Initial consultations are offered free of charge, so please don’t hesitate to call or contact us online today.


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