Birth Injury: Can I Sue the Hospital for My Child’s Birth Injury?

By Osborne & Francis
July 18, 2024

The birth of a child is meant to be a celebratory occasion. It is also a major medical event, which is why many expecting parents chose to have their child in a hospital surrounded by highly trained medical professionals. However, even when individual providers take every precaution possible, negligence on the part of the hospital can result in a birth injury to an infant. 

This can result in irreparable damage to the child’s physical health and cost parents an exorbitant amount in medical bills as the child’s support needs continue. Under these stressful and heartbreaking circumstances, you need a trustworthy, capable team to advocate for the compensation you are entitled to and hold the hospital responsible for its negligence. 

The birth injury lawyers of Osborne & Francis are available to discuss your claim in a free consultation, which can be scheduled by calling us at (561) 678-0156 or contacting our offices in Boca Raton or Orlando. Our team can provide the unwavering support and expert legal advice you need while you focus your attention on caring for your child.

Understanding the Foundations of a Birth Injury Claim

In a typical personal injury lawsuit, a plaintiff would need to prove that the defendant owed them a duty of care, failed to fulfill it by acting negligently, and therefore caused their injury which resulted in their damages. However, in a birth injury case, which is a type of medical malpractice claim, there is a slightly different set of criteria to qualify for compensation. 

First, the plaintiff’s injury must have occurred within the context of a patient/provider relationship, which presumes that the provider owed the patient a certain level of care. Further, the action that caused the injury must violate the standard of care. “Standard of care” is a term that denotes the base level of care a provider or institution is responsible for offering. Beyond this, the plaintiff must have suffered additional harm. 

Even if the standard of care was violated, the plaintiff does not have a claim if the error had no repercussions, such as pain and suffering, additional medical bills, or further physical injury. Birth injury malpractice claims related to hospital negligence typically deal with institutions that made foreseeable errors, failed to take preventative measures, did not provide the support staff required to respond to a medical emergency, or were otherwise careless.

How a Hospital Can Be Considered Negligent for a Birth Injury

In most medical malpractice cases, the claim pertains to the actions of individual providers, such as nurses, dentists, and surgeons. For the hospital itself to be considered negligent, the claim typically involves an injury that resulted from negligent administrative decisions that created the circumstances for harm to occur. For example:

  • The hospital’s policies created a dangerous situation
  • The hospital failed to stock the proper equipment or medication
  • The hospital allowed a staffing shortage to compromise patient care
  • The hospital failed to adequately train their providers
  • The hospital engaged in negligent hiring practices

Maybe the hospital hired an obstetrician who had a history of being too aggressive with forceps during delivery, which can put a baby at an increased risk of cerebral palsy. Or, a hospital may have chosen to order a questionably manufactured brand of ultrasound machines, which resulted in a provider missing critical information that resulted in a birth injury

Alternatively, the hospital’s delay in replacing staff forced an exhausted provider to work overtime without adequate sleep, leading them to underestimate a newborn’s severe jaundice, resulting in a form of brain damage called Kernicterus. When hospitals fail to provide their staff with the equipment, training, and support they need, it can often result in poorer outcomes for patients. 

Why You Should Choose Osborne & Francis to Represent You in Your Birth Injury Lawsuit

For most parents, pursuing a birth injury claim is about more than simply seeking compensation for medical bills, lost wages, emotional distress, and pain and suffering. Filing a personal injury lawsuit against a negligent hospital is also about holding them accountable for inflicting harm on their child. The birth injury attorneys of Osborne & Francis recognize this and are committed to taking your claim seriously.

Our team specializes in this area of personal injury law and has had significant success in settling these types of claims. As your Florida birth injury attorneys, we will meticulously leverage evidence to establish liability, unapologetically advocate for your rights, and fight for full compensation so that your child can receive the care they deserve.

We pride ourselves on being a credible, dependable source of legal insight for injured Floridians who are unsure where to turn after they have been let down by a hospital they trusted. If you want to see evidence of our firm’s character, look no further than testimonials from former clients. The birth injury attorneys of Osborne & Francis will support you every step of the  way as you seek justice for your child in a personal injury lawsuit.

Contact Osborne & Francis For Help With Your Florida Birth Injury Claim

Even healthy infants are extremely vulnerable to injury and illness, which means that a hospital’s role in providing medical staff with the support they need to deliver and care for infants is crucial. Unfortunately, hospitals do not always meet this expectation. If a hospital’s negligence has led to your child’s birth injury, you may be wondering how you are going to afford years of medical bills and taking time off from work, as well as provide your child with the emotional support they deserve.

At Osborne & Francis, we have guided parents of children with birth injuries through the personal injury claims process step by step for many years. We understand that learning your child may have permanent deficits due to the hospital’s negligence can feel like a betrayal of your trust, and we will make every effort to ensure that you are fairly compensated.

The birth injury attorneys of Osborne & Francis are compassionate, resourceful advocates who are not intimidated to take on powerful institutions like hospitals or their insurance carriers to recover the compensation our clients need. Our team can provide you with additional details about our services when you contact us to schedule a free consultation at (561) 678-0156 or reach out to our offices in Boca Raton or Orlando

E. Holland

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"


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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

C. Smith

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

J. Davis

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

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