Call Us 24/7

See How Our Attorneys Can Help You

Facebook

 

Google

Instagram

 

Medical Negligence Tag

Burden of Proof In Birth Injury Medical Malpractice Lawsuits

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...

Continue reading

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

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...

Continue reading

Previously Rejected Medical Malpractice Birth Injury Lawsuits

Brachial Plexus Birth Injuries

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...

Continue reading

Three Causes of Hypoxic-Ischemic Encephalopathy HIE Birth Injury

HIE Birth Injury

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)...

Continue reading

Brachial Plexus Birth Injuries

Brachial Plexus Birth Injuries

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...

Continue reading

Episiotomy Birth Injuries

Episiotomy Birth Injuries

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...

Continue reading

Birth Injury Depression

Birth Injury Depression

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...

Continue reading

Premature Birth Infant Birth Injury: Lungs

Brain Injury During Birth

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)...

Continue reading

Uninsured Doctor Birth Injuries

Uninsured Doctor Birth Injuries

“Can we file a birth injury lawsuit against a doctor who has no medical liability insurance?” In short, the answer is yes. Cases involving uninsured doctor birth injuries in which provable medical malpractice negligence has occurred can generally be developed into lawsuits. Florida state law does not require that a licensed physician carry medical liability insurance if that physician meets specific requirements set forth in the law.1 The law does, however, require that a statement be prominently posted stating the following:  “Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for...

Continue reading

Future Risks of Heart-Related Maternal Birth Injuries

Maternal Birth Injuries

Elective inductions. Scheduled Cesareans. Unknowing mothers. Preterm birth, also referred to as premature birth, is live birth before 37 completed weeks of gestation, as defined by the World Health Organization and other noted authorities.1,2 Birth that occurs even one week earlier can create serious potential complications for both mother and baby.3,4 Yet over 90% of women are unaware of this fact.4 And the numbers are staggering: up to 18% of births globally are preterm.5 When premature birth occurs, a baby’s brain, lungs, and other vital organs are not fully developed. Future risks of cardiovascular-related and brain-related infant birth injuries due to premature...

Continue reading