Giving birth to your child should be a memorable event and one of the happiest times for you and your family. Unfortunately, the negligence of doctors, nurses, or other healthcare workers can result in devastating birth injuries affecting the baby and family for the rest of their lives.
Childbirth is a process that requires constant medical oversight of vitals and other factors to ensure that the mother and infant are healthy.
Even though many birth injuries occur due to pregnancy complications or natural labor issues, most birth injuries happen when healthcare workers act carelessly or negligently during labor. Obstetricians, nurses, and other medical assistants may be responsible for birth injuries and are subject to liability in medical malpractice cases.
Florin|Roebig birth injury lawyers have been representing the families of birth injury victims for the last three decades. Our legal experts can review your case and help you file a birth injury claim for medical malpractice so you can recover compensation for damages.
Causes Of Birth Injuries
There are roughly 28,000 birth injuries per year in the United States, which means about 7 out of 1,000 babies born sustain a birth-related injury. Several different causes can result in birth injuries in the state of Florida.
Common causes of birth injuries include:
- failure to perform a C-section
- failure to properly use medical instruments, such as forceps
- neglecting to perform the necessary tests to ensure a healthy mother/infant
- failure to properly diagnose issues before, during, and after birth
- failure to notice changing conditions of the infant or mother
- responding carelessly to an issue during or after birth
- a nurse or other medical assistant failing to inform the doctor of an issue in the delivery room
Many of these causes can result in health issues ranging from cerebral palsy to wrongful death. If your infant suffers a birth injury as a result of the medical malpractice, a birth injury lawyer in Florida can help you file a birth injury claim to help you recover losses.
Filing A Birth Injury Claim In Florida
Birth injury claims have different guidelines in each state. In the state of Florida, it is important to look into filing a claim shortly after the medical malpractice took place. This is because of Florida’s statute of limitations, which gives victims or their families two years to hold the responsible party accountable.
In addition to filing a claim within the allowable time period, you will need to get a medical professional who must file and sign an affidavit stating that your claim holds merit and the lawsuit should proceed.
You can file a birth injury claim in Florida for many different types of injuries.
Common birth injuries include, but are not limited to:
- erb’s palsy — a paralysis of the arm caused by an injury to main nerves
- cerebral palsy — permanent movement disorders because of stiff, weakened muscles and lack of coordination
- heart defects — your infant is having heart issues despite having no heart issues during pregnancy check-ups
- spina bifida — a birth defect resulting from improper development of the spine and spinal cord
- complications from c-section — injuries sustained because of carelessness or poor medical judgment while performing a c-section
- brain damage — lack of oxygen can damage the development of an infant’s brain
Other injuries can occur in the delivery room, leading up to the birth, or shortly after birth while the infant is being monitored. When filing a birth injury claim, there are requirements that must be proven in a court of law to hold a medical professional or hospital accountable for a birth injury.
First, you must prove that a medical professional(s) such as a doctor, nurse, nurse assistant did not act responsibly in providing medical care during pregnancy, birth, or after birth.
Second, you will have to show that the birth injury is directly linked to the medical negligence of the medical team. It may take medical experts to weigh in on your circumstances to determine fault.
There is a process for filing a birth injury claim in Florida and it involves complex paperwork and other legal guidelines that may be difficult to understand if you are not used to working in a legal environment.
Speaking with an experienced Florida birth injury attorney at Florin|Roebig can help clarify any questions you may have about the process of filing a medical malpractice claim.
Types Of Damages In A Florida Birth Injury Claim
Compensation cannot replace the pain and complications your baby and family are going through, but it can help you pay for a wide variety of expenses you have incurred and will see throughout your child’s life.
The main type of damages received in Florida for a birth injury claim is compensatory damages. These damages are awarded to compensate the victim or victim’s families for what they have lost as a result of the injury.
Compensatory damages for birth injury claims include:
- current and future medical expenses — additional hospital expenses, occupational therapy, physical therapy, corrective surgeries, speech coaching
- pain and suffering — the physical and mental anguish you and your baby endure as a result of a birth injury
- lost wages — you may have to give up your job to provide care for your baby
- home modifications — installing a wheelchair ramp, additional railings, or other fixture that accommodates the disability
- loss of quality of life — your child is left out of certain activities because of their disability
Other types of damages may be awarded, depending on the severity of the birth injury and how it affects your child’s life.
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How A Florida Birth Injury Lawyer Can Help With Your Claim
Hiring a birth injury lawyer in Florida is the first step to ensuring that your child receives the best care and that the medical staff responsible for the injury are held accountable for their wrongful actions.
Our legal team at Florin|Roebig has represented families affected by birth injuries and employs Florida law to help get clients compensated for their losses.
Benefits of hiring a Florida birth injury lawyer include:
- experienced legal counsel that keeps you informed throughout the legal process
- an attorney who shows empathy for your difficult situation and will do everything in their power to get you the settlement you deserve
- medical experts that can look for negligence before, during, or after the birth took place
- a law firm that looks out for your best interests from the beginning of the process to the end
A Florida birth injury lawyer can help clarify any questions you may have and go over how much compensation you may be entitled to.
List Of Florida Birth Injury Lawyers Near You
Florin|Roebig lawyers have been providing clients with high-quality legal services for over 30 years. U.S. News & World Report has recognized our firm as one of the best in the country because of our commitment to excellence.
Our talented Florida birth injury attorneys include:
- Wil H. Florin
- Tommy D. Roebig
- Chase P. Florin
- Nicholas S. Constantino
Florin|Roebig birth injury lawyers serve the following areas in Florida, as well as many others:
- Tampa Bay
- Clearwater
- St. Petersburg
- Palm Harbor
- Miami-Dade
- Boca Raton
- Fort Lauderdale
- Tallahassee
- Jacksonville
- Orlando
- Gainesville
- Panama City
- Sarasota
We Are Nationally Awarded Lawyers
Get Help Filing A Birth Injury Claim In Florida
You may be going through a difficult time trying to help your child get healthy and live a normal life. Our legal team understands how many burdens arise as a result of a birth injury. If a medical professional acted negligently in the delivery room, you may be entitled to compensation.
Florin|Roebig lawyers in Florida have won clients over $1 billion in settlements for cases involving personal injury. We believe in holding people accountable for their wrongful actions and getting relief to victims who may have a long road ahead. Call today for a free consultation with one of our highly skilled attorneys.
