What are the elements of a birth injury claim?
A birth injury claim in Florida requires elements of proof in order to proceed to a civil lawsuit for damages. These elements include: 1. Duty of Care: A duty of care refers to the responsibility of one party to act in a way that is reasonable and prudent in order to avoid causing harm to another party. In the case of a birth injury claim, the responsible parties are typically the attending physician, any other medical staff involved in the birth, and the hospital where the care was received. 2. Breach of Duty of Care: To establish a claim for damages, it must be established that the responsible parties had a duty of care, and that this duty was breached. This means that the responsible parties did not act with the same level of care that a reasonable and prudent person would in the same circumstances. 3. Causation: In addition to establishing duty and breach of duty, it must be shown that the breach of duty was a direct cause of the injury. The injury must be shown to have been caused by the breach of duty by one or more of the responsible parties. 4. Damages: It must also be established that some form of damages were sustained due to the breach of duty and resulting injury. These can include both economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering or emotional distress. In order to establish a birth injury claim in Florida, all of these elements must be proven in court. If successful, the responsible parties may be held liable for the damages incurred as a result of the birth injury.
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