The birth of a child is one of the most joyous occasions in a family's life. Unfortunately, sometimes things can go wrong during the birth process, leading to devastating injuries to the baby. If your child has suffered a birth injury in Florida, it's important to seek the help of a qualified birth injury lawyer. Contact our Tallahassee personal injury law firm today.
A birth injury is an injury that occurs during the birthing process, either to the mother or the baby. These injuries can range from mild to severe, including broken bones, nerve damage, brain damage, or even death. Some common causes of birth injuries include prolonged labor, difficult delivery, forceps or vacuum extraction, and medical malpractice.
We have an excellent reputation throughout Florida for taking on complex medical malpractice cases. Our lawyers have the knowledge and skill to prepare these cases properly and the resources to see them through to the end. Not all of our cases go to trial, but each of them is prepared so we can pursue them as far as necessary to reach your goals.
Before you search for a birth injury lawyer in Florida, it's essential to understand the types of injuries that can occur during the birth process. These can range from minor injuries like bruises and cuts to more severe injuries like cerebral palsy and Erb's palsy. Knowing what type of injury your child has suffered will help you find a lawyer with the expertise to handle your case.
We work on a contingency basis for personal injury claims such as medical malpractice. A contingency fee basis means we do not charge you anything unless we win a settlement in or out of court. This fee structure ensures we work hard for your case and that you don't have even more out-of-pocket expenses during a stressful time. We also offer contingency fee schedules for other practice areas, such as:
The birth of a child is one of the most joyous moments for parents. However, sometimes things can go wrong during delivery, resulting in birth injuries. These injuries can range from minor bruises to severe and life-altering conditions. This article will discuss the different types of birth injuries that can occur during delivery.
Cerebral palsy is a neurological disorder that affects movement, coordination, and muscle tone. It is caused by damage to the brain during or shortly after birth. The severity of cerebral palsy can vary from mild to severe, and it can affect one or more limbs. Children with cerebral palsy may have difficulty walking, talking, and performing daily tasks.
The brachial plexus is a network of nerves that controls movement and sensation in the arms and hands. A brachial plexus injury can occur when the nerves are stretched or torn during delivery. This injury can cause weakness or paralysis in the arm or hand, affecting the ability to perform everyday tasks.
Fractures are one of the most common types of birth injuries. They can occur when excessive force is applied to the baby's body during delivery. Fractures can happen in the collarbone, arm, or leg, and they can cause pain, swelling, and restricted movement.
Facial nerve damage can occur when pressure is applied to the baby's face during delivery. This injury can cause weakness or paralysis in the facial muscles, affecting the ability to smile, close the eyes, or make facial expressions.
Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage that occurs when the baby's brain doesn't receive enough oxygen during delivery. This injury can cause seizures, developmental delays, and other cognitive impairments.
Birth injuries can occur during labor and delivery, and they can have long-lasting effects on both the child and the family. Understanding what causes birth injuries can help parents and healthcare providers take steps to prevent them.
Physical trauma during delivery is one of the most common causes of birth injuries. This can happen if the baby is too large to pass through the birth canal or if the delivery is complicated by a breech presentation or forceps or vacuum extractors. Injuries can include fractures, nerve damage, and even brain damage.
Another common cause of birth injuries is a lack of oxygen during delivery. This can happen if the umbilical cord becomes compressed or twisted or if the baby is in fetal distress and not receiving enough oxygen. Lack of oxygen can lead to brain damage and other severe conditions.
Sometimes, birth injuries are caused by maternal health conditions. For example, if the mother has gestational diabetes or high blood pressure, it can increase the risk of complications during delivery. Other maternal health conditions that can lead to birth injuries include infections, thyroid disorders, and heart conditions.
In some cases, birth injuries are caused by genetic factors. For example, if the baby has a genetic disorder that affects its bones or muscles, it can increase the risk of fractures or other injuries during delivery. Genetic factors can also increase the risk of cerebral palsy or developmental delays.
While birth injuries can be devastating, parents and healthcare providers need to understand what causes them so that steps can be taken to prevent them. By working together, we can help ensure that every child has a healthy start in life.
In Florida, the birth injury statute of limitations varies depending on the type of injury and the circumstances surrounding it. Generally, the statute of limitations for medical malpractice claims in Florida is two years from the date of the injury or discovery of the injury, with some exceptions. However, the statute of limitations for birth injury cases may be extended to up to eight years in certain situations. It is essential to consult with a qualified attorney to determine the specific statute of limitations that applies to your case.
It's important to remember that signing a settlement agreement means waiving any right to further litigation or compensation, so it should not be taken lightly. Although accepting a settlement can eliminate a lengthy court battle and high legal expenses, there is also the possibility of being under-compensated for significant damages like lost wages and medical costs caused by medical malpractice. A good birth injury attorney will evaluate whether the settlement offer is adequate given all applicable Medicaid benefits and your individual needs. They may even suggest alternative solutions or refer you to another specialist who may have better success in helping your case.
Suppose you believe that a nurse or any other medical professional has caused injury to your child due to malpractice. In that case, you may have the right to file a medical malpractice lawsuit. However, it is essential to consult with a lawyer specializing in medical malpractice cases to assess the strength of your case and determine the best course of action. Additionally, it may be necessary to file a complaint with the nurse’s licensing board to hold them accountable for their actions.
There are many types of damages you can pursue. Some of those are:
Economic damages are losses that arise from an injury or harm to another’s property, business, or finances. Economic damages include:
Non-economic damages you can pursue in your birth injury claim are damages in personal injury cases that cannot be quantified or measured. These include:
Punitive damages are legal damages that a court will award to punish the wrongdoer for egregious misconduct or to set an example for other potential violators. They are generally in addition to any other compensatory damages that were awarded.
Special damages, also known as consequential damages, do not occur directly from a breach but are considered a consequence of that breach. They include economic losses such as lost profits or the cost of repair or replacement. They may also include other losses, such as emotional distress due to the breach.
Pregnancy is supposed to be a wonderful time in a woman’s life. Despite medical advances, many potential health risks remain to both mother and baby during gestation and delivery. However, most are avoidable if the doctor and delivery team pay attention and do their jobs correctly. When they fail in their duties, your and your child’s lives may be at risk. If a birth injury has impacted you or someone you love, our Tallahassee lawyers have the skill and experience to hold the negligent parties accountable for their actions.
At Hinkle Law, we know how any harm to your child during birth can impact your family’s life. Our attorneys are dedicated to exposing the mistakes made by members of the medical establishment and making them take responsibility for those mistakes. As evidenced by our long list of verdicts and settlements, we have helped hundreds of people in situations like yours gain the compensation they need to care for their children who have suffered birth injuries, including:
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