Jacksonville Brain Injury And Premature Birth

Brain injury as a result of negligence during the birth process and premature birth is sadly an unavoidable fact of childbirth, and while the frequency of accidents of this nature is rare, the implications for those affected can be significant. Aside from the physical emotional distress that brain injury can cause to the child and its parents and family, there may also be financial distress as a result of the need for specialist care and ongoing medical treatment for years to come, if not for the lifetime of the child so injured.

Thus raising an action in the civil courts in respect of the damages caused by Jacksonville brain injury as a result of medical negligence shouldn’t be considered too painful or emotionally taxing, given the tangible benefits it can bring in shifting part of the financial burden, and helping serve private justice to the individual or organization responsible for the brain injury and birthing complications in addition to protecting others from suffering similar injuries, where possible, in the future.

The Framework of Jacksonville Brain Injury Negligence Claims

While two negligence claims seldom ever share the same facts, there is nonetheless a basic framework around which a pursuing party will build a case against a medical professional or institution in regards to brain injury occasioned to a newborn. Firstly, all cases, in order to succeed, require the pursuing party to prove that an act or omission has occurred and was commissioned by the party defending the action. This is usually not a matter for dispute, and is normally fairly straightforward to establish in any event, although it is fundamental to the case that this can be demonstrated. Secondly, it must be established that the alleged victim suffered some form of harm, and/or will continue to suffer harm in the future. Finally, there must be a link between both the act and the harm, and an implied element of negligence in order to establish a prima facie ground for damages.

Note that the standard of proof required by the pursuing party is the lowest available in the US courts - on the ‘preponderance of the evidence’. In other words, the level at which a fact will be deemed to be established is comparatively lower than in other types of cases, thus less effort is required to establish each individual fact. Unlike other cases (including Jacksonville personal injury as a result of many road traffic collisions), there is however a need to establish that the defending party had acted in a negligent manner – i.e. liability is not strict.

The Law Offices of Macey & Searns (www.injuryexperts.com) have specialist in-house attorneys experienced in dealing with cases of professional negligence and Jacksonville brain injury as a result of complications arising in the birth process. Regardless of the factual circumstances of a particular case, Macey & Searns are equipped to determine where a viable claim exists, and the best route forward as regards pursuing legal remedies.