When you’ve looked forward to the birth of your baby for several long months, it can be devastating to learn that your infant suffered bodily harm at the hands of a negligent health care provider. Your child’s life could be forever changed because of a birth injury, and the associated losses can affect your entire family. As a parent, you may get some sense of relief knowing that Florida law offers legal remedies through a medical malpractice claim.
If your baby was harmed because of errors before, during, or after delivery, it’s important to discuss your rights with a lawyer right away. Our attorneys at Palmer | Lopez can assist in filing an insurance claim, and we’re prepared to take your case to court to get the compensation you deserve for your losses. Please contact our office to set up a free case evaluation, and check out some important information about your legal options.
Types of Birth Injury Claims
Errors during labor and delivery can lead to serious injuries for both the fetus and the mother. Many of these mistakes are preventable, so they are a form of medical malpractice. Some of the most common birth injuries include:
- Cerebral Palsy: Improper monitoring of vital signs can lead to oxygen deprivation in the brain, causing severe damage. Cerebral palsy affects the baby’s cognitive functioning and motor skills.
- Hypoxic Ischemic Encephalopathy (HIE): This condition is also caused by oxygen deprivation, often occurring because the physician delays the order to perform a C-section or fails to properly clear the umbilical cord.
- Erb’s Palsy: When a doctor applies too much pressure on the fetus’ upper shoulder during delivery, it can lead to nerve damage in the brachial plexus. Erb’s palsy can lead to permanent paralysis of the affected arm and hand.
- Improper Use of Birth Assistive Devices: A physician may need to use a forceps, vacuum, or other devices in a particularly difficult delivery. Negligence can lead to lacerations, facial paralysis, head injuries, and even death.
How Liability Works in Birth Injury Cases
Under Florida’s medical malpractice statute, it’s possible to recover compensation for birth injuries to the mother, child, or both. The key is proving that your doctor departed from the generally accepted medical standard of care, which another hypothetical physician would have followed during labor and delivery. At Palmer | Lopez, our lawyers will develop a legal strategy to ensure you get the highest monetary damages available by law, including:
- Medical costs;
- Long-term care, if your baby suffers permanent injuries;
- Pain and suffering;
- Emotional distress; and,
- Many more.
Set Up a Free Consultation with a St. Petersburg Birth Injury Lawyer
This overview of birth injury claims may be useful, but it’s still important to retain a knowledgeable medical malpractice lawyer to assist with the legal process. Our team at Palmer | Lopez will advocate on your behalf in dealing with an insurance company, and we’re prepared to take your case to court as necessary to protect your rights. Please call our St. Petersburg office at 813-967-8505 or go online to schedule your free consultation today.