Is your child’s birth injury valid grounds for a civil claim?

On Behalf of | Mar 1, 2018 | blog, Firm News | 0 comments

When a child is born into a Florida family, it should be a joyful time for everyone. That excitement may not last in the event the family learns that their brand new bundle of joy experienced a serious injury during the birth process. Birth injuries can leave babies with serious health concerns, some of which will affect them for the rest of their lives.

If your child suffered a birth injury, it is possible that it is the result of the negligence of the doctors, nurses or other health care professionals. As the parent, you have the right to advocate for your child, pursuing rightful compensation on his or her behalf and fighting to hold responsible parties accountable for your family’s pain and suffering.

How do birth injuries happen?

Sadly, many birth injuries are the result of preventable factors. You have the right to expect a certain standard of care from your personal doctor, the hospital staff and every individual who treats you and your child. Just one mistake can lead to a lifetime of complications and medical needs. 

If you think the doctor, nurse or other care provider is responsible for your child’s birth injury, you must be able to prove that the party acted in a way that was below the generally accepted standard of care. You may have a successful claim if you can prove the following elements:

  • The person who caused the incident or made the decision that ultimately caused your child harm owed you and your baby a certain duty of care.
  • The actions made by that person directly breached that duty owed to you or your child.
  • This action was the reason for the injury that led to your child’s suffering and your family’s financial losses.

It is painful to learn that your child needlessly suffered because of the poor decisions, reckless behaviors or inaction of another person. You do not have to suffer alone. 

Your family’s right to fight back 

Your child could have serious medical needs for an extensive period of time, but you may have grounds to file a civil claim that could help you address these needs. His or her birth injury could be grounds for a medical malpractice claim, but you may find it helpful to take quick action to better understand your rights and the legal options available to your family. You can fight for the recovery and support your child deserves.

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