Birth Injury Attorney Orlando, FL
When it comes to medical malpractice, many people feel overwhelmed. After all, these complex cases present unique challenges that can be difficult to overcome. For the families of children who have suffered a serious injury at birth, hiring an experienced birth injury attorney in Orlando, FL from David & Philpot, P.L. is a must. Because these cases are often incredibly complex and require specific expertise, it is important to understand the importance of hiring an expert in cases of birth-related injuries.
What Is a Birth Injury Lawyer?
Many parents are unaware that birth injuries are more common than we think. One of the most recent statistics published by the Centers for Disease Control and Prevention reveals that every 10 minutes, a child is born with a birth injury in the United States.
If you or your child has suffered a birth-related injury, it is important to hire a birth injury attorney in Orlando, FL who practices in the area of birth injury cases. Some birth injury attorneys only dabble in this area of law and are unable to devote the time and resources necessary to competently represent you. An experienced birth injury attorney is necessary to protect your legal rights, help you understand complex medical terms, and evaluate the circumstances surrounding the injury to determine if medical malpractice occurred.
It is understandable that when an injury occurs during childbirth, parents are caught up in the emotions of this traumatic experience and do not know where to turn for help. This is why it is important to hire an expert birth injury lawyer who can help you through this difficult time.
A Birth Injury Lawyer Can Help Determine If Your Child’s Injury Was Caused By Negligence
Experts have experience with the medical community, and they know what questions to ask medical professionals to determine if they made mistakes during delivery. For example, a delay in performing a C-section after fetal heart rate monitors detected distress could be a sign of negligence. This is important because in order for an attorney to win your case and get you the compensation you deserve, they need to prove that negligence occurred.
Why You Need an Expert Birth Injury Attorney
Medical malpractice cases involving birth injuries are complex, and you need someone who has extensive experience and knowledge in these cases. In addition, you will want to hire a lawyer who works on contingency. This will ensure your birth injury attorney in Orlando, FL has a strong incentive to win your case. In fact, when you work with a contingent fee birth injury lawyer, you will not be required to pay anything until your case is won.
Your case may require multiple expert witnesses to testify on your behalf at trial or during the settlement negotiations before going to trial. For example, one or more expert witnesses may be needed in the following fields:
When you hire a lawyer, they will be able to guide you through the process and fight for your rights as a parent. They will be able to help you cope with your new circumstances and make sure that you receive the benefits that are owed to you after suffering a birth injury.
Birth injuries are devastating for families. Your birth injury attorney in Orlando, FL from David & Philpot, P.L. will be there for you every step of the way and fight for your rights.
Birth Injuries: What You Need to Know About Hiring an Attorney
According to an Orlando, FL birth injury attorney, when a child suffers a birth injury, the family can be left with emotional, physical, and financial damage. To ensure that you are fully compensated for all of the costs associated with the injury, it is important to hire a qualified lawyer. An experienced attorney will be able to guide you through the legal process and represent your case to get you the compensation you deserve. Learn more about how an attorney can protect your family, and then contact a lawyer today at David & Philpot, P.L. for help.
Types of Cases
Birth injuries can range from minor to very severe, depending on the circumstances. Some common types of birth injuries include:
- Cerebral palsy: This is a neurological disorder that affects movement, muscle tone, and posture. It usually occurs when the brain is deprived of oxygen during delivery.
- Erb’s Palsy: Also known as brachial plexus paralysis, this is a type of nerve damage caused by trauma during childbirth, resulting in reduced or absent movement in the affected arm.
- Shoulder Dystocia: This is a complication that occurs when the baby’s shoulder gets stuck behind the mother’s pubic bone during delivery, resulting in serious and potentially permanent nerve damage.
- Facial Paralysis: This can be caused by improper delivery techniques, which can result in partial or complete facial paralysis.
- Developmental Delay: This can occur when the infant experiences deprivation of oxygen during delivery, leading to delayed physical, emotional, and/or cognitive development.
How an Attorney Will Investigate Your Case
First, the attorney will review your medical records, including the prenatal and postnatal care you received from your doctor or midwife. The attorney will look for signs of malpractice or negligence that may have caused your injury or resulted in an inadequate level of care. Next, the attorney may also contact medical experts who can testify as to how medical negligence may have caused or contributed to your injury. They will also be able to review the standards of care that should have been used during your labor and delivery. The attorney will also assess any possible damages you may have suffered, such as medical bills, lost wages, pain and suffering, and emotional distress. Finally, they will evaluate the strength of your case by considering how much fault the opposing party may have had in causing your injury.
Negotiating with Insurance
Your attorney may begin negotiations by discussing the facts of your case with the insurance company and explaining why you deserve compensation. They will also be able to advise you on the strategies that are most likely to be successful in negotiations. If the insurance company offers a settlement, your attorney will be able to review it and make sure that you are getting the maximum amount available.
If Your Case Goes to Trial
If a settlement cannot be reached, the matter will go to trial and the attorney will present your case to the jury. At trial, the attorney will present evidence regarding the facts of the case. They will explain how negligence contributed to the birth injury and how that negligence caused harm to your child. The attorney may present medical experts, witnesses, and other forms of evidence in order to prove the case.
If your child has been injured and you need an Orlando birth injury attorney, contact one today at David & Philpot, P.L. for help.
What To Prepare For Your Birth Injury Claim
When you are planning to file a birth injury claim, a trusted Orlando, FL birth injury attorney knows that you should understand that you will be looking at this as if it is a medical malpractice claim (because it falls under the medical malpractice umbrella of law). To be successful, you will need to gather the right evidence and show how a doctor or medical professional injured your child. This can be especially difficult to do in these cases because they are so personal. When you begin suspecting that someone harmed your baby, you know there is nothing you wouldn’t do to protect your baby. But trying to gather evidence and file a claim on your own can be especially difficult. It is crucial you seek help from a lawyer who can help you get the right kind of evidence for your birth injury case.
What elements will there be in my birth injury case?
You can expect the same building blocks as you would see in a standard medical malpractice case.
- There was a relationship. Your child had a patient-provider relationship established and the doctor or medical professional was responsible for taking care of your child.
- There was a breach. The medical professional in question owed your baby a certain standard of care and the medical professional breached this expected duty of care.
- The breach caused harm. A birth injury case would not be solid if a breach occurred but no harm was done. Your lawyer needs to show that because a breach occurred, direct harm was done to your baby.
- There were damages. Finally, you need to show that the harm that happened to your baby also resulted in damages.
Your trusted Orlando birth injury attorney understands that what you have just been through is extremely traumatic and that when you are trying to cope with the harm done to your baby as well as how to take care of them, it can be difficult to focus on gathering necessary evidence for your case. This is another reason a lawyer will be so helpful. They will be looking to gather evidence like:
- Past complaints that patients may have filed against your medical provider.
- Eyewitnesses who were in the delivery room (the anesthesiologist, other doctors, and other nurses) who saw what happened during the labor and delivery process.
- Your medical records from your pregnancy, labor, and delivery.
- Any medical records about your child’s birth injury and what kind of treatment or follow-up care might be needed.
- Testimony from expert witnesses who would be able to discuss how they would have done things differently to prevent the birth injury from happening.
Understanding that fighting for a birth injury claim can force you to process the trauma you went through again can be difficult. You should not have to relive what happened and try to fight on your child’s behalf by yourself. When you are ready, call David & Philpot, P.L. to speak with our Orlando birth injury attorney.