Birth Injury Cases
The birth of a child is one of the most anticipated events in a family’s life. However, if that event is marred by a birth injury that could have somehow been prevented, the results can have not only physical and emotional ramifications, but also long-lasting financial consequences. Babies impacted by birth injuries may require current and future medical care, therapy, medications, specialized schooling, long-term care and more – all of which can come with a hefty price tag. That’s why our team of experienced legal representatives is on hand, ready and waiting to answer any and all questions that you may have.
The Eltringham Law Group in Boca Raton provides justice to individuals in Florida and across the nation. Birth injuries can impact a child’s and his or her family’s life forever. If you believe that your child has suffered a birth injury due to medical negligence, error or mistake, you may be entitled to compensation and should consider pursuing a medical malpractice lawsuit. With the assistance of a birth injury lawyer, justice can be served. Whether you are concerned about the costs of future medical care, specialized schooling, or a lifelong medication regimen, our team of legal professionals will help you navigate the ins and outs of filing a lawsuit for birth trauma. We will walk you through each step of the process, letting you know more about your options when it comes to pursuing a financial award.
Common Birth Injuries
There are several instances wherein birth trauma and birth injuries could be avoided with more attentive medical care during the birthing process. Common birth injuries include:
Brachial plexus injuries
The brachial plexus refers to a specific grouping of nerves that connect the child’s spinal cord to their hands, arms, and shoulders. If these nerves are torn, stretched, or compressed, injuries can occur.
Erb’s palsy is another nerve condition that can be caused when the brachial plexus is stretched or torn. The resulting weakness and loss of muscle function in the arm or shoulder will continue to pose difficulties for the child throughout their life.
Cerebral palsy refers to the group of motor disabilities that will affect the child’s ability to maintain their balance and move in a typical fashion. Children who are affected by cerebral palsy will often require specialized equipment to walk or move. Their symptoms may also worsen over the course of their life.
HIE (Hypoxic ischemic encephalopathy)
When the baby experiences an interruption to the blood flow and oxygen to their baby’s brain before, during, or after child birthing, HIE can take place. This disorder can also have a damaging effect on the lungs, kidneys, and heart.
There are certain events that can take place during the birthing process that will cause asphyxia if they are not handled properly by the medical professionals on hand. With the correct obstetric and neonatal care, they are avoided entirely. Failure to treat infections in the mother, negligent labor and delivery management, failure to respond to bleeding in a timely manner, and failure to manage prolonged pregnancies are all common causes of asphyxia.
Common Causes of Childbirth Injuries, Mistakes or Failures:
- Improper use of forceps or vacuum extractors
- Improper use of labor-inducing drugs
- Failure to identify and address hypoxia (lack of oxygen to the baby’s brain)
- Failure to diagnose conditions affecting the placenta
- Failure to identify birth defects
- Failure to diagnose diseases or medical conditions of the mother that may affect the fetus
- Lack of testing that can identify potential risks and problems
- Delay in performing C-sections if the child is in distress
- Communication failure between medical professionals
If your child has been injured at birth, we can help. Medical malpractice, negligence and mistakes do not only extend to the physician delivering your baby, but may also cover actions taken or missed by the nursing staff, anesthesiologists, other medical personnel or the hospital itself. In order to have a valid birth injury legal claim, however, negligence must have directly resulted in the birth injury. This can be difficult to prove. However, our personal injury attorneys have extensive experience in building solid birth injury lawsuits when healthcare professionals do not provide a standard minimum level of care.
How is a Birth Injury Lawsuit Proven?
In order to prove medical negligence when a birth injury lawsuit is filed, the birth injury attorney must be able to demonstrate that the healthcare provider on hand was unable to meet the proper standard of care. They must also be able to prove that this failure is the catalyst for any harm that was caused to the mother or her newborn. To successfully prove a birth injury lawsuit, an experienced birth injury attorney may offer a thorough collection of evidence. Evidence includes expert testimonies, medical records, expert testimony, and eyewitness accounts.
What is the Florida NICA?
NICA is a statutory organization. They are responsible for managing Florida state funds that are utilized to pay for the care associated with children and adults that have been born with specific neurological injuries. NICA benefits are currently available to eligible Florida born children on a no-fault basis.
What to Expect With a Birth Injury Claim
When you choose the Eltringham Law Group to represent you following a birth injury, here is what you can expect to happen:
- We offer free consultations so you can get all your questions answered and can spend time talking directly with an experienced attorney about your rights and expected outcomes.
- Leave all the work to us. We will be in contact with doctors, hospitals, witnesses, insurance providers, police, attorneys and anyone else necessary to settle your claim. We will thoroughly investigate and will build a solid case so that you are more likely to be awarded additional compensation from insurance companies or other parties.
- You focus on you. Whether you are still recovering from injuries or are dealing with stress and anxiety, now is the time to focus on your own needs while you leave the details of your case in the hands of experienced attorneys that will get the job done right.
- We work on a contingent fee basis. This means that you don’t need to lay out any money up front in order to have our injury attorneys work on your case. We don’t get paid unless we recover a financial settlement or jury award for you.
Common Legal Questions About Birth Injury
Is a childbirth injury a form of medical malpractice?
Any type of misdiagnosis, delayed diagnosis, or failure to diagnose can be considered a form of medical malpractice. Should the misdiagnosis cause serious injury, illness or even death, this makes it possible to file a claim for medical malpractice. However, not all situations involving a faulty diagnosis can be considered medical malpractice. Each case is unique and should be reviewed with an experienced personal injury attorney at the Eltringham Law Group.
How do I know if the doctor made a mistake during childbirth?
Proving any type of error made by the doctor or hospital during or leading up to childbirth medical requires the experience of a personal injury attorney who can determine whether your case is suitable for a lawsuit. It can also be difficult to prove if the injury was a result of any type of negligence or simply mother nature’s unfortunate course of action. The only way to know for sure is to call our offices to review your situation with one of our attorneys at no cost to you.
How long do I have to file a medical malpractice claim that was due to a childbirth injury?
In most cases, any type medical malpractice claim, including a child birth injury, must be filed within two years of the incident. It is important to bring this to the attention of a medical malpractice attorney at the Eltringham Law Group as soon as possible so that we can not only minimize the adverse effects of the error, but also bring attention to this matter so that no one else suffers the same injury. Additionally, the longer you wait, the harder it will be to prove your case. Do not hesitate to call us to review your case at no cost to you.
How do I know if I have a claim against the doctor or hospital for a childbirth injury?
The only way to truly determine if you qualify for a legal claim regarding a childbirth injury is to review the details with an experienced medical malpractice attorney at Eltringham Law Group. Our team will thoroughly review your case at no cost.