What is causation in a birth injury case?
In a birth injury case, causation refers to the legal requirement that must be met in order to hold someone liable for the injury. In order for someone to be considered legally responsible for a birth injury, the injured party must prove that the defendant caused or contributed to the injury in some way. This is known as “proximate cause” and is an important element in a birth injury claim. In order to prove causation, the injured party must be able to demonstrate that there is a direct link between the defendant’s conduct and the injury suffered. An example of this could be a medical provider failing to diagnose a condition during pregnancy, resulting in the baby being born with an injury. Another example would be a medical professional using a tool improperly during the birth process, resulting in an injury to the baby. In Florida, the law requires that the injured party must prove causation in a birth injury case in order to receive damages for their injury. It is important for victims of birth injuries to obtain legal advice so they can properly understand how to prove causation. An experienced attorney can help ensure that all the necessary elements for proving causation are met in order to maximize the chances of a successful outcome.
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