Dynamics of a Birth Injury Lawsuit
October 1, 2019
Steps to Take Following an Unexpected Birth Injury in Fort Lauderdale
You never expect the happy occasion of childbirth to end in a birth injury. When your newborn child suffers an injury, you are immediately concerned about their and safety and wellbeing. The cause of the birth injury might not be the first thing on your mind, but it is an important factor to consider.
If a medical professional was the cause of your child’s birth injury, then it is only right that they cover the expenses that you are going to incur for their medical care.
What is a Birth Injury?
A birth injury occurs during delivery. There are some minor injuries that are common and are a risk that is associated with childbirth. However, there are other injuries that arise due to the negligence of the medical staff.
A few examples of a birth injury might include:
- Bone fracture
- Shoulder dystocia
- Head injury
- Lack of oxygen
- Poor circulation
There are some birth injuries that are temporary and will go away within a few days. However, there are other birth injuries that are more severe and could require lifelong care.
How Does a Birth Injury Occur?
Some birth injuries cannot be prevented. Others, however, can be. Examples of preventable birth injuries include:
- The medical staff failed to monitor you or the babies’ vitals
- The delivery physician used too much force when delivering the baby
- The physician failed to complete a timely evaluation of the newborn
- The physician failed to speed up labor when the baby was at risk
- The decision to deliver alternatively was delayed
When a medical provider makes a mistake that leads to your newborn’s injury, they may be liable for medical malpractice.
Navigating a Weston Medical Malpractice Birth Injury Case
Medical malpractice cases can be very complex. They require careful documentation of the injury and the cause. Additionally, most states including the state of Florida, require that an expert statement accompanies the claim. This medical expert must speak to the actions of the negligent party and identify that they would have handled the situation differently.
Most medical providers have large insurance coverage and are protected by a large team of lawyers. It is crucial that you have your own experienced legal representative when going against them.
Recoverable Damages in a Coconut Creek Birth Injury Case
The medical treatment that is often required following a birth injury can be lifelong. The newborn may require ongoing medical treatment and procedures. You or your partner may have to give up employment in order to care for your child’s injury.
The state of Florida allows us to recover the following costs in a birth injury case:
- Current medical costs
- Anticipated future medical costs
- Rehabilitative costs
- Childcare fees
- Household renovations
- Loss of income and work benefits
- Pain and suffering
- Educational resources
Get the Compensation You Deserve for Your Child’s Birth Injury
If your medical provider was negligent and their actions led to your child’s injury, then it is only right that they cover the expenses that you will incur. Medical malpractice cases regarding a birth injury in the state of Florida can be complex so it is important that you work with an experienced lawyer. The knowledgeable attorneys at Lawlor, White & Murphey will fight to collect the compensation and justice that you deserve for your child.
Contact a Dania Beach Personal Injury Lawyer to Discuss Your Birth Injury Case in Florida
Did you or a loved one sustain serious injuries due to a birth injury in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients injured because of a birth injury in Oakland Park, Tamarac, Weston, Lauderhill, and throughout Florida. Call (754) 226-1474 or email us to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Blvd, Fort Lauderdale, FL 33312, as well as offices in Pembroke Pines, Weston, Coconut Creek, Plantation, and Pompano Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.