Client: Hardesty, Tyde, Green & Ashton
Copyright 2008 Hardesty, Tyde, Green & Ashton
Questions about Birth Injuries
In Jacksonville, Florida
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. A birth injury is generally caused by a complication during the delivery.
What circumstances can result in a lawsuit for birth injuries?
Most birth injury lawsuits arise after a doctor fails to adequately assess or respond to a complication or condition prior to 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?
Testimony by experts, usually other doctors is considered. They will testify as to whether they believe your physician�s actions were in compliance with standard medical practices, or if they were below the accepted standards of care. Specialists are held to even higher standards due to their reputations and training as experts in their field of medicine.
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. Often, this will be in the form of a trust that is payable when the child reaches a certain age. It may often be set up to be supplied to cover medical expenses throughout the child�s life. Parents may also receive compensation for emotional distress and damages under some circumstances.
A 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. These cases are even more tragic because no one is held accountable.
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.