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Birth Injuries are often Result of Medical Malpractice

Apr 14, 2014 | Under Birth Injuries, Medical Malpractice | Posted by | 0 Comments
Miami Birth Injuries

The birth of your child should be one of the most exciting and happiest times of your life.  Sadly, due to the negligence of a healthcare provider, unnecessary birth injuries can cause a lifetime of pain, suffering, or in the most tragic of situations, death.  While some of these complications are unavoidable, there are complications and injuries that are a direct result of the negligence and mistakes made by the medical professional.

There are a number of different types of birth injuries that can affect a child.  Many carry consequences that will last an entire lifetime.  The type and severity of the injury a child may sustain varies.  Some children only suffer from minor bruising, while others may suffer from broken bones or a severe disability.

Approximately 9.5% of malpractice lawsuits involve a misdiagnosis, or a failure to diagnose a problem.  Some of the most common childbirth injuries include:

  • Erb’s Palsy
  • Cerebral Palsy
  • Paralysis
  • Shoulder Dystocia
  • Internal Bleeding
  • Broken bones
  • Death

These birth injuries can be caused by a number of circumstances, including baby’s size or position during pregnancy and delivery, delay in ordering a C-section, failure to respond to fetal distress, and failure to identify metabolic disorders, blood issues, or complications from diabetes.

All healthcare providers are held to a certain standard of care.  When a medical professional fails to act in the same manner that any other reasonable professional would under the same circumstances, they fall below the standard on which they are held and they could be found guilty in a medical malpractice lawsuit.

If you believe you, or your child, are the victims of medical malpractice, it is crucial to contact an experienced and skilled Miami medical malpractice attorney. It can be difficult to determine whether or not medical malpractice occurred because of negligence on the health care providers part, or if an unavoidable tragedy simply occurred.

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The laws and statues that govern Florida, protect the rights of people who are injured or wrongfully die due to the negligence of another and allow for just compensation.


The court system at all levels guarantees that everyone gets due process and an opportunity to be heard, in an impartial and fair setting.


There are rules that dictate how civil procedure is to be conducted and evidence is to introduced. Lawyers and the courts are governed and strictly abide by these rules, If they do not there is an appellate review process in place.

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