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Common Questions About Florida Birth Injury Claims

On Behalf of | Jul 30, 2019 | Personal Injury Law |


The birth of your child is the culmination of nine months of pregnancy, a seemingly endless amount of time as you anxiously await the day you’ll get to meet him or her. All along the way and heading into the delivery room, you’ve trusted your physician to provide the necessary care and solid advice. However, birth injuries are more common than you might expect., a leading publisher of online health information, reports that the annual incidence of birth injury is 7 per 1,000 births in the US – which is around 28,000 per year and 538 per week.

Fortunately, Florida law protects your family in the event that medical errors caused birth injuries to your child. A Florida medical malpractice attorney can provide more information based upon your circumstances, but some answers to common questions about birth injury may be useful.

How are birth injuries and birth defects different? A birth defect is a medical ailment that your baby suffers during pregnancy, while a birth injury is a condition that occurs due to something that went wrong during the delivery process. A birth injury is usually the result of a preventable mistake, but many different factors could lead to birth defects. 

What’s the basis of a birth injury claim? These cases are based upon the legal concept of medical malpractice, which is a type of personal injury claim. To recover compensation, you must prove that your doctor treated you in a way that deviates from the standard of medical care, one which applies to all health care providers of that specialty. The underlying theory is that your physician must deliver treatment that conforms to what another doctor – given the same facts and circumstances – would have provided. 

How do I prove deviation from the standard of care? One of the key challenges in a birth injury case is showing how your doctor failed to provide treatment in accordance with the applicable standard of care. Usually, this requires your attorney to consult with medical experts who specialize in pregnancy and birth-related conditions, such as an OB-GYN. These medical experts may also be called on to testify in court. 

What are some common types of birth injuries? There are many different medical conditions that can result from errors during delivery, including:

  • Cerebral palsy, often due to lack of oxygen to the baby’s brain while the mother is in labor;
  • Erb’s palsy, which is caused by trauma to the brachial plexus;
  • Fractures, particularly in the skull or collarbone;
  • Infant stroke; and,
  • Many others.

Set up a Consultation with a Skilled Ocala, FL Medical Malpractice Lawyer Today 

To learn more about your rights to compensation in a birth injury claim, please contact Piccin & Glynn, Attorneys at Law to schedule a case evaluation. We can explain potential remedies after reviewing the details of your case. You can reach our Ocala, FL office by calling 352-558-8480 or visit our website to set up your complimentary appointment with one of our Ocala medical malpractice lawyers.