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Birth defects and medical malpractice


Florida residents who are eagerly expecting the birth of a child may find themselves suddenly concerned about several issues. Space in their home and financial resources are just a few of these matters. However, nothing is more important than the child's health and safety. Despite receiving adequate pre-natal care, children may wind up with serious birth injuries that can leave them with life-long trouble or pain, disfigurement and, in some instances, the injuries may result in death.

Tragically, many of these instances can be prevented. Negligent medical professionals, for a variety of unacceptable reasons, can make an injurious or deadly mistake. When this happens, parents can be wracked with anger and grief. Making matters worse, these families often have to come to terms with unexpected and undeserved medical expenses that can leave them financially crippled.

Fortunately, these families may be able to file a medical malpractice lawsuit in an attempt to recover compensation for their losses. Yet, it is worth noting that not all birth defects are caused by negligence. Sometimes, birth injuries and defects are unavoidable. In these instances, a family may be unable to recover compensation from a hospital and its employees. Yet, with about five out of every 1,000 children suffering from a birth defect or injury, it may be worth closely analyzing the matter to see if taking legal action is appropriate.

If after close examination it is determined that a professional owed the child a duty of care, breached that duty and that breach caused the child's injuries, then a claim may succeed and compensation may be awarded. Such monetary awards can help cover medical expenses and pain and suffering.

Source: FindLaw, "Birth Injury FAQ," accessed on Jan. 15, 2016

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