Getting the Right Help from a Birth Injury Attorney Longwood, FL Trusts After Your Child’s Birth Injury
If your child suffered from a birth injury, you need the help of a Longwood, FL birth injury attorney. One of the greatest accomplishments a family can have is bringing a healthy child into this world. It is a time that many people look forward to. However, if anything goes wrong during the labor and delivery process, your child can suffer from temporary or permanent injuries. You should not have to worry about fighting a legal battle after the birth of your child, which is why a birth injury attorney at David & Philpot, P.L. can help you and your family get through this.
Bringing a child into this world should be one of the happiest times in a new parent’s life. After your child is born, you may be thinking that the worst pain is over. You have gone through labor and delivery and now you can enjoy your new family and begin getting into your new routine. However, if something goes wrong and your child is injured during the birth, you deserve to seek compensation for your child’s injury and the trauma your family has been through. When this is the case and you believe your child is showing symptoms of a birth injury, you may be wondering if it is something that could have been prevented or if it is the result of natural causes. If you believe you have a birth injury medical malpractice claim on your hands, you should speak with a Longwood, Florida birth injury attorney as soon as possible.
We care about each of our clients and want to give them the best possible chance of recovering after their newest member was born with a birth injury. If you live in the Longwood, FL area and are unsure of what to do after your child has been diagnosed with a birth injury, call our office today to speak with a birth injury attorney. Together, we can decide the best legal action to take to start your family on the path to healing.
What are birth injuries?
Birth injuries can occur for several reasons. When a hospital, a member of the medical team, or the doctor acts in a way that is negligent, they may cause:
- The mother’s injury during labor or delivery.
- The baby’s injury during labor or delivery.
- A birth to occur—known as a wrongful birth—when it is a situation where the parents would have avoided the pregnancy or birth if they had known more details.
- A wrongful pregnancy to occur. This happens when attempting to avoid the pregnancy in the first place fails.
Common Birth Injuries
Although not common, a doctor may act in a way that is negligent (not performing to the expected duty of care) and cause a birth injury. For example, common birth injuries are:
- Bone Fractures
- Facial Paralysis
- Bone Fractures
- Cephalohematoma
- Cerebral Palsy
If a doctor chooses to encourage the mother to deliver vaginally when it would have been less risky to perform a C-section and the baby suffers from brain damage because they did not get the oxygen they needed, it is possible a judge would consider this to be medical malpractice. When this is the case, the parents of the child can file a lawsuit on behalf of the child with the help of a Longwood,FL birth injury attorney. If they are successful, they could win damages such as pain and suffering, loss of enjoyment of life, medical damages, the costs for physical therapy, and more.
On the other hand, it is entirely possible that a mother can become injured through labor and delivery as well. The doctor may fail to stop a mother from bleeding in enough time during the delivery process, thus causing temporary or permanent damage. In some cases, this could even result in death. If the doctor is found to have caused this through negligence, the victim may have the evidence they need to file a lawsuit.
Here’s what you need to know about birth injury law and how to protect your rights during this time.
What is the difference between a birth defect and a birth injury?
It is very important to understand the difference between a birth defect and a birth injury to ensure you have a viable case on your hands. A birth defect is something that happens when the child is developing in the womb, or even before the fetus has developed. Whereas a birth injury is something that happens during birth due to the actions of a medical professional.
How common are birth injuries?
Unfortunately, more common than they should be. It has been estimated that 5 out of every 1,000 births will result in a birth injury of some kind.
How do I know if I qualify for a birth injury claim?
A birth injury lawsuit has to prove that there has been evidence of medical malpractice. This means that a doctor, nurse, attending hospital staff, or even pharmaceutical companies strays from the standard of practice that comes with their experience level and education. So, for example, an OB-GYN with 15 years of experience should act in the same manner and make the same decisions as another OB-GYN with the same level of experience and specialization.
If you believe that this has happened to you, then a consultation with a birth injury lawyer can help bring clarity to your situation.
What are some examples of birth injuries?
There are plenty of examples of birth injuries, including:
- Facial paralysis
- Fractures
- Prescription errors
- Misuse of hospital equipment
- Brain-related injuries that were caused by the child’s lack of oxygen during birth
- Muscle-related injuries such as Erb’s Palsy
- Birth injuries related to improper prenatal care
- Inadequate prenatal care
- Injuries to the mother from aggressive and unnecessary treatments
Will I have a case no matter the type of birth injury?
Not always. Some birth injuries are unavoidable, and it is up to your lawyer to prove that the injury caused was due directly to the negligence of a medical professional.
What kind of damages can I win?
It is hard to determine your specific damages as each case is different. However, most birth injury lawsuits result in compensation to cover both the parents’ and child’s pain and suffering and medical and insurance bills. In some cases, the child will be awarded money in the form of a trust so they can be covered in case they have any long-term medical problems that affect their life and their earning potential in the future.
In-Depth Look Into Common Birth Injuries
It is not always clear if your child has a birth injury immediately after they are born. Your birth injury attorney in Longwood, Florida can help you with this. It is hard to assess their cognitive functions and so many changes in such a quick amount of time when they first enter this world. However, birth injuries can present themselves days or even months after they are born and it is imperative to know some of the most common birth injuries, their symptoms, and what causes them. Two common birth injuries are:
- Brain damage injuries
- Neonatal seizures
Brain Damage Injuries. Infant brain damage injuries can range from mild to serious. When the mother is in labor, a doctor should be constantly monitoring the baby’s heart activity and the mother’s contractions to ensure the fetus is getting the proper amount of oxygen in the womb. When the baby shows signs of a lack of oxygen, they need to move quickly to get the baby out safely. When this happened, a baby can develop:
- Cephalohematoma
- Subgaleal hemorrhages
- Cerebral Palsy
These birth injuries can be the result of a Florida doctor failing to perform a Cesarean section, failing to respond to a fetus in distress, and the improper use of different medical tools, like a vacuum or forceps.
Neonatal Seizures. Neonatal seizures are a common (and early) sign your baby has a birth injury. Your baby can have these because your doctor failed to help with maternal bleeding, a placental abruption, or did not resuscitate a newborn in distress. In many cases, seizures can be extremely harmful to the child and can be a sign of severe bleeding in the brain that will ultimately result in their death.
What Can I Do When My Child Is Diagnosed with a Birth Injury?
When a medical professional has diagnosed your child with a birth injury, it is imperative a birth injury attorney in Longwood, Florida moves quickly to get them the help they need and to begin working on your claim. One step includes finding an unbiased, third-party medical professional can explain their birth injury in detail and what the likely cause was. If the delivering doctor was negligent, they can also show what any other reasonable doctor would have done in that situation to avoid a birth injury.
If you are the parent of a child who has suffered a birth injury, you do not need to face this time by yourself. Working with a Longwood, FL birth injury attorney can help to get you the compensation you deserve, so call us today to schedule a consultation.
If your baby has suffered from a birth injury, you do not have to deal with this on your own. The lawyers at David & Philpot, P.L. are compassionate and will work hard to give your family the compensation they deserve. Call our office now to meet with a dedicated birth injury attorney Longwood, FL families recommend.
