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