An initial overview of the evidence and questions that may shape the case.
When a birth injury may involve negligence
A poor outcome alone does not establish medical negligence. The records must show that a healthcare professional failed to meet the applicable standard of care before, during or after delivery, and that this failure caused a preventable injury.
Birth injuries that may require investigation
The original First Choice Law materials identify several conditions that may warrant careful medical and legal review.
Cerebral palsy and oxygen deprivation
Brachial plexus injuries
Cephalohematoma and brain injury
Spina bifida and other developmental injuries
Injuries affecting nerves, movement or organ function
Evidence and potential losses
These claims commonly require complete prenatal and delivery records, independent expert review and careful documentation of the child's long-term needs. Recoverable losses may include medical care, future treatment, home adaptations, lost income and the effect on quality of life, depending on the facts and Florida law.
This content is informational. Deadlines and rights depend on the date, facts and law applicable to the case.
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Guidance for birth injuries
A birth injury can create lifelong medical and financial needs. These cases require detailed review by qualified professionals to determine what happened and whether the standard of care was met.