Kurzban Kurzban Tetzeli and Pratt P.A.
Nationwide Firm
Injury, Immigration and Business Attorneys
Aggressive Advocacy and Exceptional Civil Litigation Success

Lawsuits for birth injuries and birth defects

Florida parents whose children were injured during birth or who have a birth defect may be interested in filing a medical malpractice suit. Individuals who file such a suit have several criteria they must prove in order to be successful with a case like this.

The first step is establishing the actual likely cause of the complications. A birth injury may be caused by the doctor's improper use of instruments or by not responding in time to problems during the birth. A birth defect may be caused by a prescription drug given to the mother during pregnancy.A doctor, pharmaceutical company, medical facility, manufacturer of medical devices or others may be sued. For a successful medical malpractice suit, it is necessary to establish that the individual or company had a duty of care toward the patient, that the defendant did not carry out that duty of care in a sufficiently competent manner and that the child and possibly the mother as well were injured by that failure.

The situation with a prescription drug may be more complicated. In that case, it is necessary to show that the mother used the drug prescribed by a medical professional, that another factor probably did not cause the defect, and that the drug is both capable of and caused the defect.

A mother whose child was injured by forceps might wish to sue for medical malpractice. However, it is possible that the injury was unavoidable and most medical professionals showing proper duty of care would have the same result. On the other hand, if it appears that the doctor was not competent in his handling of the situation, the suit may be successful.

Source: FindLaw, "Birth Injury Overview", August 26, 2014

Source: FindLaw, "Birth Injury Overview", August 26, 2014

No Comments

Leave a comment
Comment Information
Kurzban's Immigration Law Sourcebook

We Literally Wrote The Book On Immigration Law

Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

Aggressive Advocacy and Exceptional Civil Litigation Successes Call Our Firm at 786-401-4706 or Fill Out the Secure Form Below

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

IIUSA | 2018 EB-5 Industry Achievement Awards | Litigator Of The Year |Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
2018 EB-5 Industry Achievement Award

Miami Office
2650 SW 27th Avenue
2nd Floor
Miami, FL 33133

Phone: 786-401-4706
Fax: 305-444-3503
Miami Law Office Map

Jacksonville Office
10752 Deerwood Park Boulevard South
Suite 100
Jacksonville, FL 32256

Map & Directions

Jed Kurzban Of Counsel at Damon Key Leong Kupchak Hastert, A Law Corporation
1003 Bishop Street
Suite 1600
Pauahi Tower
Honolulu, HI 96813
Phone: 808-531-8031

Kurzban Kurzban Tetzeli and Pratt P.A.