Home Phone
  1. Home
  2. Knowledge Base
  3. Basics of Birth Trauma and Injuries
  4. What are Brain Birth Injuries due to Negligence?

What are Brain Birth Injuries due to Negligence?

Answer: Under Florida law birth related neurological injuries refer to injuries to the brain or spinal cord of an infant caused by oxygen deprivation or mechanical injury during labor, delivery or resuscitation. For these injuries to qualify they must result in permanent physical impairment for the infant.

Birth Injuries Due, to Negligence & Legal Insights

As a lawyer specializing in malpractice,I have experience dealing with birth injuries resulting from negligence. Referring to the section of Florida law Title XLV, Chapter 766 which focuses on medical malpractice I can offer a comprehensive understanding of what constitutes birth injuries caused by negligence.

Legal Criteria for Negligence: In order to establish negligence in a birth injury case it is essential to demonstrate that the injury occurred due to a breach of the standard of care during childbirth. This may include instances such as failure to adequately monitor the babys condition use of birthing tools or delayed response when fetal distress arises.

Compensation and Claims: The Florida Birth Related Neurological Injury Compensation Plan outlines an approach for compensating cases involving birth related injuries. It provides guidance on filing claims. Specifies types of compensation available, like medical expenses and rehabilitation costs.

The Role of Healthcare Professionals: When it comes to determining if a birth related injury is neurological and assessing the compensation required medical professionals play a role. Their expertise is essential, in understanding the nature of the injury and its long term consequences.

Legal Advocacy: As a lawyer my responsibility in cases is to advocate for the rights of the injured infant and their family. This involves navigating through the system ensuring all documentation is in order and representing the familys interests during legal proceedings.

Challenges and Considerations: Birth injury cases can be intricate involving legal evaluations. Families facing situations require legal support to help them navigate through this process while understanding their rights and available options.


Negligence related birth injuries are issues with legal implications. It is crucial for affected families to understand definitions criteria for establishing negligence well as the compensation process. As a professional I am committed to providing support and guidance, to families who are going through these challenging circumstances.

Was this article helpful?

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Need Support?

Can't find the answer you're looking for?
Contact Support