What is birth injury law?

Birth Injury Law in Florida is a form of medical malpractice law that seeks to provide compensation to those infants who suffer from a birth-related injury. Birth injuries can result from medical negligence, errors, or improper medical care, such as failure to diagnose a medical condition or perform an adequate delivery. This means that if an injury is caused to the infant due to a medical mistake or lack of care, the responsible party can be held accountable and liable for damages. In Florida, birth injury law allows not only for medical malpractice claims, but also for claims of wrongful life and wrongful death. Wrongful life claims seek compensation for families whose child was born with a congenital or genetic defect due to medical negligence. Wrongful death claims seek compensation in the event of an infant’s death due to medical negligence. In order for a medical malpractice claim to be successful, a plaintiff must prove that the doctor or healthcare provider’s actions were negligent and fell below the professional standard of care. The plaintiff must also prove that their injury was caused by the doctor’s breach of duty. This can include proving that the medical provider did not use the proper equipment, failed to diagnose an illness, or failed to provide adequate aftercare. If the plaintiff is successful in proving their case, they may be able to obtain compensation for medical bills, lost wages, and other damages related to the injury.

Related FAQs

Is the doctor or hospital always responsible for a birth injury?
What is the difference between medical malpractice and birth injury?
What is the difference between a birth injury lawsuit and a wrongful death lawsuit?
What is the difference between birth injury and birth trauma?
Who can file a birth injury lawsuit?
What is informed consent in birth injury cases?
How much does a birth injury lawyer cost?
What is an obstetrical brachial plexus injury, and how does it affect a baby?
What is the difference between a birth injury claim and a wrongful death lawsuit?
What is the burden of proof for a birth injury claim?

Related Blog Posts

Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023
Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023