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Birth Injury Attorneys

Birth Injury FAQs:

Do you have questions? We have answers. Here are some legal FAQs that our team of attorneys often receives from clients.

What is the difference between a birth defect and a birth injury?

A birth defect results from harm caused to the baby before birth. It is usually the result of something that happened before or during pregnancy. It may result from a genetic condition of one or both parents. A birth injury is caused by a complication during the labor and delivery period in most cases.

What circumstances can result in a lawsuit for birth injuries?

Birth injury lawsuits arise after a doctor fails to adequately assess or respond to a complication or condition prior to or during delivery. This may also occur if the pregnant woman has been prescribed a medication that causes harm to the baby.

What is Medical Malpractice?

Medical malpractice is negligence of a health care provider that results in the injury or death of a patient. The professional can be a:

  • Doctor
  • Nurse
  • Dentist
  • Technician
  • Hospital worker
  • The hospital itself

The profession itself sets the standard for malpractice when a professional deviates from standard duties for which they are trained or possess experience.

Is a lawsuit always successful if a baby is harmed by an injury during birth?

No. Some injuries are unavoidable. The major factor is whether or not a medical provider failed to give you adequate medical care during your pregnancy and delivery. If a pharmaceutical company failed to provide you with proper warnings about your medication, they may also be found liable.

In a birth injury lawsuit, how is it determined if a doctor’s actions were within the boundaries of good medical practice?

No. Some injuries are unavoidable. The major factor is whether or not a medical provider failed to give you adequate medical care during your pregnancy and delivery. If a pharmaceutical company failed to provide you with proper warnings about your medication, they may also be found liable.

Who receives money after a successful lawsuit for a birth injury?

If the child who suffered the harm is living and the injury was avoidable, damages awarded will go to the child. If the child dies or is very seriously injured, parents may also be entitled to compensation.

birth injury is a traumatic experience for everyone involved. Under some circumstances, the injury could have been avoided. This is when the medical professional who is responsible for the injury should be held accountable. There are also some birth injuries that are determined to be unavoidable.

To learn more about birth injuries in Jacksonville or anywhere else in Florida, please contact the law offices of Hardesty, Tyde, Green and Ashton, P.A. today.

Q

What constitutes a personal injury?

The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)