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Birth Injuries: Your Rights as a Parent Under Florida Law

On Behalf of | May 29, 2019 | Personal Injury Law |


When you’ve awaited the birth of your infant for many long months, it’s devastating to learn that your child suffered birth injuries due to a medical error. Your moment of joy turns into fear and anxiety as you wonder about the long-term implications. Florida law does provide you with rights, and an experienced Ocala medical malpractice lawyer can assist in getting the compensation you and your family deserve. Some important information may also help you understand your rights and options as a parent.

Proving a Birth Injury Claim 

To recover monetary damages for birth injuries resulting from medical error, you must prove four essential elements:

  1. A doctor-patient relationship, which is in place anytime a physician provides prenatal care and delivery assistance;
  2. The doctor was negligent-in other words provided care in a manner that deviates from the standard of care that another physician would have met;
  3. A causal connection between the negligent act and the birth injuries, such that your child would not suffer from the condition had the provider not make a mistake; and,
  4. A birth injury caused by deviation from the standard of some common negligent acts that result in birth injuries are:
  • Failure to diagnose or treat conditions during pregnancy;
  • Improper decision-making on a C-section, often by waiting too long to begin the procedure;
  • Failure to properly monitor your vital signs and those of your baby; and,
  • Incorrect use of birth-assistive

Potential Parties in Birth Injury Cases 

With respect to the above essential elements, you should note that there may be multiple parties responsible for causing birth injuries. Examples of potential parties in a birth injury claim are:

  • Your obstetrician;
  • Any other treating physicians;
  • Nurses who assisted during delivery or provided aftercare;
  • Delivery room personnel;
  • Hospital staff; and,
  • Any other party whose negligence was a contributing

Recovering Compensation for Your Losses 

Depending on the nature of the birth injuries, your child may require a lifetime of care, services, and support The medical expenses can skyrocket, but the emotional toll can be even more catastrophic. You are entitled to recover compensation for many of these birth injury-related losses, including:

  1. Economic damages, such as medical bills for surgery, therapy, and ongoing care. Wheelchairs, crutches, and other assistive devices are also included in this category; and,
  2. Non-economic damages, including pain, suffering, disfigurement, and emotional

Consult with a Skilled Ocala, FL Birth Injury Lawyer Today

 Time is of the essence in getting the compensation your family deserves after a birth injury, so please contact Piccin & Glynn to learn more about your legal options. You can schedule a free case evaluation at our Ocala, FL office by calling 352-558-8480 or checking out our website at