Imagine the joy of welcoming a new life into the world, only to discover that your child has suffered a preventable birth injury. This devastating reality affects many families, and the journey to seek justice can be overwhelming.
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Birth injuries can have lifelong consequences, and understanding the types, causes, and long-term impact is crucial for families seeking legal justice. Knowing what happened during the birthing process and how it has affected your child will empower you to seek the help of an experienced birth injury attorney who can navigate the often complex world of medical malpractice claims.
An experienced birth injury attorney can help you understand the legal process and the potential outcomes of a medical malpractice claim. They can also provide guidance on how to best pursue a claim and ensure that you receive the compensation you deserve.
Common Types of Birth Injuries
Birth injuries can range from mild to severe, with some of the most common types including cerebral palsy, kernicterus, and other injuries resulting from obstetrical malpractice. These conditions can be devastating and life-altering, not just for the injured child, but for the entire family. Medical personnel, including doctors and nurses, have a responsibility to monitor the health and vitals of both the infant and mother during delivery. When they fail to do so or make preventable mistakes, it can result in lasting harm to the child.
One of the most critical aspects of care is monitoring an infant's bilirubin levels within the first 24 hours after birth. Excessive jaundice, if left untreated, can lead to kernicterus, a severe form of brain damage. Similarly, a failure to properly manage a complicated delivery can result in injuries such as Erb's palsy or brachial plexus injury, which can lead to lifelong nerve damage and physical impairments.
Hypoxic injuries are another common birth injury. They occur when the baby receives insufficient oxygen supply to the body's tissues. Preterm babies, those born before 37 weeks of gestation, are particularly at risk for hypoxic injuries due to their immature organ system.s. Doctors and nurses can detect and prevent preterm hypoxic injuries by:
Causes of Birth Injuries
Understanding the potential causes of birth injuries is essential for families seeking justice. Hypoxia, or a deficiency of oxygen to the brain, is the primary cause of birth injury. When the baby's brain does not receive enough oxygen, it can lead to serious, in some cases irreversible, medical problems. This can occur due to various factors, including umbilical cord complications, placental issues, or prolonged labor. Medical negligence can also play a significant role in causing birth injuries. Examples of medical negligence during childbirth include improper monitoring of the mother and baby during labor, incorrect use of forceps or vacuum extractors, or failure to identify signs of fetal distress.
Certain situations, such as attempting a vaginal birth after a C-section, can increase the risk of catastrophic birth injuries. In these cases, healthcare providers must exercise an even greater level of care and diligence to ensure the safety of both the mother and baby. When medical professionals fail to meet this standard of care, they may be held accountable for the resulting birth injuries.
Long-Term Impact of Birth Injuries
Birth injuries can have a profound and lasting impact on the lives of the affected children and their families. In some cases, these injuries result in physical and cognitive impairments, developmental delays, and psychological distress that can persist throughout one's lifetime. Birth injuries resulting from misdiagnosis of fetal distress can have severe, long term consequences. Permanent disability is one such outcome.
The financial burden of caring for a child with a birth injury can be immense, with costs including medical expenses, ongoing care, and pain and suffering. Families affected by birth injuries such as cerebral palsy may be eligible for compensation through programs like Florida's Neurological Injury Compensation Plan (NICA). Families who sign up with NICA agree to waive their rights for filing claims against the responsible parties. Such waivers come into effect once registration is completed.
This is why it's crucial to consult with a qualified birth injury attorney who can help you navigate the legal complexities and determine the best course of action for your family.
A birth injury lawyer serves as a valuable resource for families seeking justice for their injured child. They can help prove medical negligence in court, handle insurance companies and defense lawyers, and ensure adequate compensation for treatments and other damages.
By having an experienced birth injury lawyer on your side, you can focus on caring for your family while they navigate the complex legal landscape on your behalf.
Proving Medical Negligence
Proving medical negligence is a critical aspect of a successful birth injury case. A birth injury lawyer can provide evidence to demonstrate that a child's injury was the result of medical negligence in a court of law, thus aiding the family in obtaining compensation. To establish liability, a birth injury lawyer must demonstrate duty of care, breach of duty, cause, and damages.
For example, if a doctor failed to monitor the baby's vital signs during labor and delivery, resulting in a preventable birth injury, the lawyer can use medical records and expert testimony to prove that the doctor had a duty to monitor the baby, breached that duty by failing to do so, and that the breach directly caused the birth injury and resulting damages.
By proving medical negligence, the lawyer helps hold the responsible parties accountable and secures compensation for the family's losses.
Ensuring Adequate Compensation
Securing adequate compensation is vital to cover the ongoing costs associated with a birth injury, such as medical bills, therapy, and lost wages. An experienced birth injury lawyer understands the long-term consequences of these injuries and will work diligently to obtain the maximum compensation available for your family.
The amount of compensation for a birth injury is contingent upon the degree of the injury and its potential long-term consequences. According to statistics, the average compensation for a birth injury lawsuit involving a child with a brain injury is approximately $1.03 million. By working with a skilled lawyer, you can ensure that you receive the compensation necessary to provide your child with the care and support they need throughout their life.
Finding the right birth injury lawyer for your case is crucial to achieving the best possible outcome. It involves researching the lawyer's experience and track record, their knowledge of local state laws, and their willingness to work on a contingency fee basis. By considering these factors, you can select a birth injury lawyer who will be a strong advocate for your family and help you navigate the complex legal process.
Experience and Track Record
A lawyer's experience and track record in handling birth injury cases are essential factors to consider when selecting the right attorney for your case. A lawyer with experience in medical malpractice law and specifically in cases related to birth injuries will possess the essential combination of medical knowledge and legal expertise to present a compelling case for maximum compensation.
When researching a potential birth injury lawyer, inquire about their past handling of comparable cases, their success rate, and any awards or recognitions they have received in the field of medical malpractice law. By choosing an experienced birth injury lawyer with a proven track record, you can increase your chances of a successful outcome in your case.
Contingency Fee Basis
Hiring a lawyer on a contingency fee basis can be a significant advantage for families seeking compensation for a birth injury. Under this arrangement, the lawyer agrees to accept a fixed percentage of the recovery as payment for their legal services, and the client is only liable to pay legal fees if they receive money from a successful case or a negotiated settlement.
The primary benefit of a contingency fee basis is that it permits clients to pursue legal action without incurring any initial legal fees, allowing you to focus on your family's needs without worrying about the financial strain of legal costs. Furthermore, this arrangement incentivizes the lawyer to work diligently to achieve the most favorable outcome for the client, as their payment depends on the success of the case.
Gathering Evidence
Gathering evidence is a crucial aspect of preparing a birth injury case. This may include obtaining medical records, interviewing witnesses, and consulting medical experts. Medical records are particularly important, as they can provide a detailed account of the events surrounding the birth injury and help establish whether medical negligence occurred.
Time is of the utmost importance in gathering evidence for a birth injury case. The sooner you begin collecting evidence, the more likely you are to preserve crucial information that may be lost or destroyed over time. By working with an experienced birth injury lawyer, you can ensure that all necessary evidence is collected and preserved for your case.
Consulting Medical Experts
Consulting medical experts is another vital aspect of preparing a birth injury case. Medical experts can help interpret the medical records and evidence you have collected, as well as provide expert witness testimony to support your case. This testimony can be invaluable in proving that medical negligence occurred and directly caused your child's injury.
When selecting medical experts, it's crucial to choose professionals with experience in the specific area of medicine related to your case, such as obstetricians, neonatologists, or pediatric neurologists. These experts can provide the specialized knowledge and insight needed to effectively advocate for your family and hold the responsible parties accountable for their actions.
Estimating Damages
Estimating damages is an essential step in preparing a birth injury case. Damages refer to the financial compensation awarded to plaintiffs to cover the costs associated with the injury, such as medical bills, lost wages, and pain and suffering. In order to estimate damages, you must take into account the severity of the injury, its long-term effects on the child, and employ methods such as the multiplier method or projecting lifetime treatment costs.
By working with a skilled birth injury lawyer, you can ensure that all potential damages are accounted for and that your family receives the financial support needed to provide your child with the care they require throughout their life. This compensation can be invaluable in helping your family move forward and secure the best possible future for your injured child.
What is considered a birth injury?
Birth injury is a term used to refer to physical damage that occurs during childbirth. Commonly, birth injuries may involve either the mother or baby, and can include broken bones, bruises, and soft tissue injuries. In some cases, both mother and child are affected by the injury.
Birth injuries can occur due to complications with delivery, mistakes made by medical staff, or from medical conditions that increase the risk of injury during childbirth.
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What are birth injuries due to negligence?
Birth injuries due to negligence occur when a doctor or medical professional fails to provide the proper care and attention necessary during childbirth, resulting in harm to mother, child, or both. Examples of such negligence include not detecting fetal distress, using excessive force to deliver the baby, and failing to prevent and control bleeding. This can include lack of monitoring, improper use of force, failure to prevent hemorrhaging and other instances of medical malpractice.
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Can birth injury be treated?
Yes, birth injuries can be treated with a variety of methods. Different treatments may be necessary depending on the type of birth injury and its severity, but there are options available to help manage and even correct these injuries.
With proper diagnosis and treatment, birth injuries can be alleviated and the child's condition improved.
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What is included in birth injury?
Birth injury is an umbrella term for a variety of health conditions that can occur in newborns, including physical injuries from the birthing process such as broken bones, lacerations, internal bleeding, and epidural complications.
It also includes the emotional trauma that may be experienced by the mother during or after the delivery, resulting in lasting psychological effects.
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While most pregnancies, labor and births occur without incident and are normal, there are cases where a birth injury occurs due to the negligence or carelessness of a medical professional or medical staff. If your child was subjected to a birth injury, we are ready to give justice a voice!
If you you or your child has suffered a birth injury due to the negligence or carelessness of a medical professional,, we are ready to fight for you. Call us Toll Free 833.701.9222 to discuss your birth injury case. Get someone on your side who will be honest and direct. Call today.
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