Florida Birth Injury Attorneys
The Florida birth injury attorneys at David & Philpot, P.L know all to well the sobering statistics related to birth injuries in the United States. Of every 1,000 infants born in the United States, 6 to 8 of them are born with a birth injury. That equates to 28,000 infants born with injuries in the United States every year.
The start of a new family is an unforgettable, exciting time; probably the highlight of your life. Childbirth may also be a bit stressful as well as add some additional cost to a family; especially when a baby has suffered an injury at birth. An injury caused at birth could easily bring unforeseen financial burden and emotional stress on to a new family.
This is why it is important to learn more about injuries that occur at birth and why you may consider consulting Florida birth injury attorneys who can assist you in seeking compensation when those injuries were the result of negligence.
What is considered a Florida Birth Injury?
A birth injury is typically defined as an injury that occurs to a baby during labor or delivery. Birth injuries include either an injury to the baby or an injury during the pregnancy or birth of the baby. Legal claims don’t typically include birth defects, because they are often difficult to prove the origin. Common examples of birth injuries include the following:
Examples of Birth Injuries:
- Wrongful Birth: This occurs when a doctor fails to properly warn parents of their risk of conceiving or giving birth to a child with serious genetic or congenital abnormalities.
- Broken Bones: Infant bones are very sensitive and soft and may easily be broken during child birth.
- Sepsis: Sepsis is a life-threatening condition that happens when the human body responds to infection and causes injury to its own tissues and organs.
- Brain Injuries: Usually caused by oxygen deprivation during birth (hypoxia birth injury), leading to a variety of devastating conditions including cerebral palsy, chronic seizures or other medical disorders.
- Brachial Plexus Injuries: A group of nerves which allows the movement of the arms and hands. An injury to these nerves may cause a baby to develop Erb’s palsy or Klumpke’s palsy (common among large infants whose shoulders become stuck behind the pelvic bone during delivery.)
- Facial Paralysis: When physicians use forceps or vacuum extraction tools with too much force to deliver the baby, it can put extra pressure on the face and cause short-lived paralysis or in some cases, permanent paralysis.
- Cephalohematoma: This is not a serious birth injury; however, it often causes other health complications, such as hypotension, meningitis, jaundice and anemia. The condition is usually the result of using birth-assisting tools too forcefully.
- Caput Succedaneum: When a vacuum extraction tool is used incorrectly to get babies out of the birth canal, it may damage the soft tissues of the scalp causing severe swelling. The swelling heals within a few days, but severe cases may cause brain injuries.
Why consider a legal claim for a birth injury?
When birth injuries occur, a family may encounter endless medical bills and expenses for a lifetime. They may also experience emotional strain and hardship as they manage the new responsibilities with an unexpected disability. By filing a medical malpractice claim with a Florida birth injury attorney, your family may seek financial relief for the cost of birth injury as well as hold the negligent party responsible who caused the damage that could have been prevented.
Compensation for these types of claims is for both economic and non-economic damages. The non-economic damages include compensation for pain and suffering, mental anguish, and any other damages that don’t come with a price. Economic damages include medical costs, physical and occupational therapy costs, lost wages, and any other economic factors that impact your family due to the baby’s birth injuries and the inconveniences caused to you and your family.
How do you know if you have a successful Birth Injury legal claim?
To decide if you should move forward with filing a legal claim, you may start with asking yourself a few questions:
- Could the injury have been avoided?
- Did we receive a high enough standard of care?
- Did a specific action result in a birth injury?
- Was a doctor/patient relationship established when the injury took place?
- Was the doctor medically negligent while treating you?
If you aren’t sure the answer to any of these questions or want to discuss them further, then you should contact one of the Florida birth injury attorneys at David & Philpot, P.L. to discuss your case specifically. They can help you decide whether or not you have a successful legal birth injury claim.
Who Can Be Held Responsible for a Birth Injury?
A birth injury claim may involve many parties; it is not always cut and dry. Depending on the circumstances, a claim can include not only the doctor who delivered the baby, but also the hospital, nurses, anesthesiologists, and pharmaceutical companies. If any medical professional assisted the doctor during the act that caused a birth injury, and they contributed to the injury, they may be held liable for the birth injury as well. A Florida birth injury attorney may help you decide who should be held accountable for the birth injury and may help you seek compensation from the negligent party.
If you have suffered a birth injury in Florida and would like to explore your options further, please contact the Orlando medical malpractice attorneys at David & Philpot, P.L. David & Philpot, P.L. has been representing victims of birth injuries for over 20 years. We’ve recovered millions of dollars for our clients and are here to help you. Contact us today at 800.360.7015 for a free consultation.