Florida Child Injury Lawyer : Wrongful Birth Claim
- Defective Bicycles
- Duty to Maintain Bicycle Pathways or Roadways
- Child Injury Resulting from Dog Bite and Animal Attacks
- Leaving a Child Unattended in a Motor Vehicle
- Child Injured by Fireworks
- Landlord's Liability for a Child's Injuries
- The Accidental Poisoning of a Child
- Pharmacist's Negligence
- Child Injuries Due to Vaccination Side Effects
- Child Medical Malpractice Action
- Burn Injuries to a Child
- Prescription Drug Side Effects
- Choking and Suffocation Injuries
- Heat Related Injuries
- Child Injury due to Falls
- Firearm Liability
- Boating Accidents Involving Children
- Injury due to a House Fire
- Carbon Monoxide Poisoning
- Child Injured due to ATV Accident
- Running Over and Backing Over Child with Vehicle
- Prenatal Injuries
- Birth-related Neurological Injuries
- Premises Liability Regarding Children
- Swimming Pool Negligence
- Automobile Accidents Involving Children
- Seat Belt and Child Safety Restraint Liability
- School's Failure To Supervise Children
- Playground and Park Liability
- Amusement Place Liability
- Defective Car Seats
- Defective Cribs
- Defective Toys
Birth defects are the leading cause of infant death, contribute to life-long disability and developmental problems, and account for 30% of pediatric hospital admissions. "Preconception tort actions" are generally defined as actions in which the plaintiff is seeking redress for injuries caused by negligent conduct that occurred before the plaintiff's conception. These actions include claims for prenatal injuries and wrongful birth actions.
Florida courts have recognized a parent's right to a "wrongful birth" action based upon the negligence of a physician or other health care provider in failing to properly diagnose and inform the parents of the impending birth defect or impairment of a child. A claim for "wrongful birth" is essentially a medical malpractice claim based on the birth of a impaired child. Additionally, a wrongful birth action based on ordinary negligence may be brought against a person other than a health care provider as defined by the Medical Malpractice Act.
A wrongful birth claim may be initiated to recover damages for the extraordinary expense of caring for an impaired child or handicapped child. Recovery for the tort of wrongful birth encompasses all extraordinary expenses caused by the child's condition for the duration of his or her life expectancy. Additionally, a wrongful birth claim is not effected by the impact rule, which normally limits the recovery of damages for emotional distress. Therefore, the impact doctrine may not be applied within the context of wrongful birth claims. Additionally, an expectant mother and father may recover damages for a stillbirth caused by the negligent act of another, and the impact rule may not be used to limit damages. Accordingly, the expectant father's presence at the birth of a stillborn child is not a prerequisite to recovery.
The experienced and knowledgeable Florida Injury Child Lawyers of Sharmin & Sharmin P.A. will fight to recover injured families the compensation and justice they deserve. A cause of action for wrongful birth can be complex, expensive, and an emotionally charged action. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Blog for Wrongful Birth Claim
- Establishing a Wrongful Birth Claim
Description: West Palm Beach child injury lawyer, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Library for Wrongful Birth Claim:
- Wrongful Birth Claims
Description: West Palm Beach child injury lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL. - Wrongful Birth Action as a Medical Malpractice Claim
Description: West Palm Beach Child Injury Lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
