30 April

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Burden of Proof In Birth Injury Medical Malpractice Lawsuits

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Burden of Proof In Birth Injury Medical Malpractice Lawsuits

Like every type of personal injury lawsuit in Florida, birth injury medical malpractice lawsuits require that the victim (the injured plaintiff or that plaintiff’s representative) prove that negligence occurred, and as a result, damages resulted. This is known as the burden of proof. Under Chapter 768 of the Florida statutes, the burden of proof requirement is as follows:1 768.725 Punitive damages; burden of proof.—In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages. The “greater weight of the evidence” burden of proof applies to a determination of the amount of...

29 April

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A Sharp Eye On Justice: Behind Miami Attorney Bo Sharp’s Latest Record-Setting Birth Injury Settlement

Posted by mslaw

in Birth Injury, M&S In The News, Medical Malpractice, Medical Negligence, Press Releases

Judgement Award Settlement for Personal Injury Settlements

Noted Miami Attorney Richard "Bo" Sharp, Esq. of Mallard & Sharp, P.A. is no stranger to success when it comes to achieving justice and securing fair compensation for victims of birth injury medical malpractice negligence. In 2017, he served as lead counsel in the $33.8 million Dixon v. USA victory, the largest medical malpractice verdict in Florida that year and the largest medical malpractice verdict ever recovered in Miami-Dade County to date. The case involved a male infant who was the victim of malpractice, and as a result suffered severe injuries due to the delivering doctor failing to address a...

18 April

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Previously Rejected Medical Malpractice Birth Injury Lawsuits

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Statutes of limitations. Case overload. Lawyer inexperience or preferred cases. These are only a few of the reasons why medical malpractice birth injury lawsuits might be rejected by a lawyer or legal team. In some instances, it can leave victims and parents (or surrogates) of medical malpractice birth injuries in tight spots with regard to securing legal help within the legally allotted time frame. This is especially true when legal help is sought too close to the time the statutes of limitations are set to expire. Today more than ever, time is of the essence in seeking legal help for potential...

01 April

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Maternal Birth Injury Deaths: 2023 Update

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

The number of maternal birth injury deaths in the U.S. has risen at an alarming rate over the past few years.1,2 And while Covid-19 is often the presumed culprit, the virus itself may in fact be only one factor that has created an offshoot of other causes and risks. For example, changes in hospital and birthing center staff, including physicians, specialists, and other staff members, as well as changes in protocol, often require that individuals undergo additional training. This is particularly likely in cases in which individuals change professions within the medical field or are new to medicine. This can...

25 March

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Are We Too Late To File A Birth Injury Lawsuit?

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Time is of the essence in medical malpractice negligence birth injury lawsuit cases, partly due to how Florida law is structured. The Florida Statute of Limitations (Chapter 95, Florida Statutes), allows only two years from the date medical malpractice negligence (including malpractice involving birth injuries) is discovered, or should have been discovered with the exercise of due diligence.1 The statute also notes in detail that in no event can a legal action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, with the exception that the 4-year...

14 March

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Three Causes of Hypoxic-Ischemic Encephalopathy HIE Birth Injury

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

A decrease or lack of oxygen or blood flow to an infant’s brain, known as birth asphyxia, can lead to hypoxic-ischemic encephalopathy HIE birth injury, a form of brain dysfunction.1,2 HIE may be recognized by a number of symptoms, including breathing problems, unusual muscle tone, a lack of common reflexes, and seizures, among other things.1 It can occur at any point before birth, after birth, or during labor and delivery. In some cases, it is due to medical malpractice negligence in the form of an HIE birth injury. Three causes of HIE are: 1) umbilical cord compression or prolapse, 2)...

06 March

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Brachial Plexus Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Brachial plexus birth injuries are those involving a network of nerves that can affect an infant’s shoulders, arms, or hands, or any combination thereof, and may even affect an infant’s eyes.1 Unfortunately, despite the many advances and improvements in childbirth-related healthcare over the past several decades, the number of brachial plexus birth injuries has continued to rise.2 In some cases, such injuries are due to medical malpractice negligence. They may result in short-term or long-term physical problems, depending on a number of factors. Brachial plexus birth injuries — particularly those that persist long term — can be caused by maternal health...

28 February

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Episiotomy Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Among the numerous types of potential medical malpractice negligence birth injuries are those involving episiotomies. An episiotomy is a common procedure in which an incision is made through a mother’s or surrogate’s perineum during childbirth.1 In some cases, episiotomies result in episiotomy birth injuries that affect a mother (or surrogate), a baby, or both. For example, according to doctors Wise and Kodner in an article in Clinical Gynecology, the rate of a mother experiencing a sphincter injury due to a midline episiotomy during vaginal delivery is up to nine-fold that of a mother who does not have an episiotomy.2 Potential episiotomy...

17 February

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Birth Injury Depression

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Whether it is referred to as emotionally related childbirth trauma, psychological birth trauma, postpartum depression, or PTSD, the stress, strain, and exhaustion that can result from birth injuries all fall into one basket: mental health. The debilitating effects can include sleeplessness, loss of appetite, and high anxiety, to name a few. They often affect relationships and lead to problems at work for both mothers and fathers, including job loss in some cases. The resulting emotional and financial impacts can cause additional mental stress, adding to the vicious cycle of birth injury depression. When birth injury depression is a likely result of...

10 February

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Premature Birth Infant Birth Injury: Lungs

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Premature birth (also referred to as preterm birth) can wreak havoc on the health of both mothers and babies. In fact, a time frame of infant delivery even one week early has the potential to create serious complications for both the mother and baby.1,2 This includes incomplete development of an infant’s lungs, or lung damage. While numerous vital organs, including a baby’s brain, have the potential to be damaged or not fully develop when a premature birth occurs, the lungs may develop what is known as bronchopulmonary dysplasia, or BPD, a chronic lung disease in which the air sacs (called alveoli)...

Birth Injury

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