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When a doctor, nurse, hospital or other medical staff or facility fails to exercise reasonable care prior to, during and / or post the delivery of a child, these actions can be grounds for a medical malpractice claim.
Wrongful Birth – if a doctor or medical staff failed to warn parents about a birth defect that, had they known, would have made the decision to end the pregnancy, they may have grounds for a wrongful birth suit. Wrongful birth suits are usually brought when there has been negligence in detecting a birth defect or if genetic testing was done improperly.
Injury to Mother and/or Child – if an infant is injured during delivery, the parents can bring suit to recover damages for suffering as well as loss of enjoyment of life. The parents may be able to recover for expenses associated with caring for the child for life if the injury is that severe. If an injury happens to a mother during delivery that was caused by negligence, she may be able to bring a legal action for both general and special damages.
During pregnancy, delivery and post birth care to both mother and child, doctors, nurses and medical institutions have a duty to provide care that is within the standard of care for similar health care providers in the State of Florida. While medical providers are not responsible for every health related problem or defect in a child, Florida medical providers have a duty to provide care that is accepted in the medical community as care within or above the standard of care. When the doctor or medical provider falls below the standard of care and basically fails the patient, a medical malpractice case may be pursued on behalf of the injured child and / or adult who then has to suffer the consequences of such poor medical care.
If you need more information on Florida medical malpractice, a Florida Medical Malpractice Attorney can advise you regarding the Florida Medical Malpractice Act, insurance laws, and other laws that control these kind of civil legal matters.