Is the doctor or hospital always responsible for a birth injury?
No, the doctor or hospital is not always responsible for a birth injury in Florida. When a baby is injured during birth, there can be many causes, and not all of them are related to the medical provider’s negligence. For instance, the injury could be caused by an underlying medical condition of the baby, or it could be due to a naturally occurring complication. It is only when medical personnel fail to provide the proper standard of care that would have prevented the injury that they may be held liable. In such cases, Florida law requires medical personnel to provide care that is up to the accepted standards of the medical profession. If the doctor or hospital does not meet these standards, and a baby is injured as a result, then they may be held liable for negligence. The family of the injured baby may be able to sue for medical malpractice. Depending on the circumstances, they may be eligible for compensation for medical costs, lost wages, pain and suffering, and other damages. For this reason, it is important for expecting families to research and choose their medical providers carefully. When doing so, they should look for a provider with experience, training, and good reviews. They should also make sure to follow their doctor’s instructions before, during, and after delivery. Doing so could help reduce the chances of birth injury.
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