Sadly, every year in the USA around 28,000 babies suffer from preventable birth injuries. It can happen to any family at any time.
A birth injury is one that occurs due to negligent medical care during:
- Soon after birth
Sadly, these birth injuries can lead to serious impairments for the baby. Often, they will be permanent, so will have an adverse impact that lasts for their entire lives.
These injuries leave parents having to cope with the reality that their child may never be capable of looking after themselves. They also have to deal with the fact that their child´s life options are highly likely to be far more limited than they are for most people.
If your child was injured at birth, consult with a birth injury attorney now to know your rights and to have legal representation when you file for compensation.
Birth injury attorneys are experts in personal injury cases. But you will still need to take your time when choosing one. Our how to choose a personal injury attorney guide will help to ensure that you pick the right one to handle your particular case.
Common Types of Birth Injuries
Unfortunately, there are dozens of things that can go wrong during pregnancy, delivery or immediately after birth. This means that the list of potential injuries your baby could suffer from is quite a long one. But, these are the most common ones:
– This is damage that is done to a baby’s brain which could affect their mobility, coordination, and speech. As well as their mental and physical development.
– This kind of birth injury occurs when a baby does not get enough oxygen. A situation that leads to a form of brain damage.
– During delivery, a baby´s body is put under incredible physical strain as they are squeezed out of the birth canal. Occasionally, the decision will be made to extract the baby rather than leave nature to take its course. If this is not done carefully, this birthing procedure can lead to fractures. The clavicle and skull are particularly vulnerable to this type of injury.
– This happens when the brachial plexus nerves of the child’s neck are overstretched or torn during the delivery process. Babies with Erb´s palsy can grow up with limited motion, weakness, and deformities.
– During difficult labors, forceps are sometimes used to extract the baby. If they are not correctly used the baby´s skull can be fractured. They could also suffer from nerve damage or scalp incisions.
Pitocin (oxytocin) mismanagement
– In some cases, Pitocin is used to induce labor. The drug Pitocin can be improperly administered, causing a uterine rupture and an event that can easily harm the baby that is still in the womb. The side effects of Pitocin misuse include fetal distress, which sometimes leads to brain damage.
Caput succedaneum and cephalohematoma
– If a baby´s head swells abnormally after birth the brain can be adversely impacted. When that swelling is due to bleeding inside the head, jaundice can also develop. In some cases, this bleeding and swelling are caused by an error being made during pregnancy or the birthing process.
Mismanagement of jaundice
– If jaundice is not spotted and properly treated early enough, kernicterus can develop. This serious brain condition can leave a child with a permanent injury.
Infant wrongful death
– In extreme cases, negligence during pregnancy, delivery or immediately after birth can lead to the death of the baby.
Causes of Birth Injuries
As we have already mentioned, sadly, there is a lot that can go wrong. It only takes one medical professional to fail to do their job properly for you and your child to be suffering from the consequences for life.
These are the most common failures and mistakes that can lead to birth injuries:
- Failure or negligence in monitoring the vital signs of the fetus
- Misdiagnosis of maternal diabetes or infections
- Failure to order an emergency C-section when it is needed
- Improper use of birth delivery tools and equipment
- Failure to diagnose and treat infant jaundice properly
- Dropping the baby, and other negligence-related injuries
- Injuries during labor and delivery caused by negligence
Understanding the Birth Injury Claims Process
Birth injury cases are usually complex. But most birth injury lawsuits typically involve the following essential elements and processes:
- Determining which party, or parties, are responsible for the injury
- The gathering of proof that the party owed you a duty of care
- Gathering evidence that the party breached that duty of care
- Proving that the breach is what caused the baby’s injuries, typically with the help of a medical expert
Who is Liable in Birth Injury Cases in Florida?
A vital part of successfully concluding a birth injury case is proving who is responsible for the injury. If you try to sue the wrong party valuable time can be wasted and the case can be lost. Therefore, we carefully study the details of every case to work out who should be named as the party responsible for the injuries. We look closely at:
- The doctors who could be responsible for the injury
- Any nurse, maintenance crew, or employee of the hospital or facility who may have caused or contributed to the injury
- The hospital or facility itself, they could be liable for acts of negligence such as failing to provide proper equipment or train their staff as they should have
You have a right to compensation if your child is injured during birth or delivery. Call an experienced attorney like Thomas C. Grajek now for birth injury cases.
Talk to Florida Attorney Thomas C. Grajek regarding Birth Injuries
We are an experienced Florida law firm that handles personal injury cases, including birth injuries. To get in touch with us and avail yourself of a free consultation you can:
Come to any of our offices which are located across Florida
Contact us through phone or email, or using our online contact form
PRO TIP :
“Experience counts when choosing a birth injury attorney, but you might also want to choose one that has connections to medical professionals.”
FAQs on Birth Injury Attorney
How do I know if my baby’s birth injury was caused by negligence?
The only way to know for sure if your baby´s birth injury was caused by negligence is to have an expert examine the facts of your case. Attorneys who have dealt with birth injury cases usually have the expertise to be able to do this. They have strong working relationships with medical professionals who specialize in assessing the situation and working out whether negligence is likely to have caused, or contributed to, your child´s injury.
Years have passed since my baby was born, but it’s only now that we discovered complications from a birth injury. Can we still sue?
Potentially you can. In Canada, you have 2 years after the birth injury first became apparent and it was clear that it was because of neglect to sue. But, you need to be careful. It is all too easy to take the “wait and see” approach for too long and end up missing the deadline. So, seek advice as soon as you become suspicious.
Can grandparents file a birth injury claim for their injured grandchild, especially if the parents are not willing to sue?
When a grandchild suffers a birth injury, it may be possible for a grandparent to make a claim. But, only to cover things like the cost of equipping their home to accommodate their grandchild´s special needs or for the caring role they may fulfil. However, they cannot seek compensation on the child´s behalf. That is the sole responsibility of their parents or other legal guardians who are fulfilling the parenting role.
What makes a good birth injury attorney?
A good birth injury attorney is professional, experienced, and dedicated to your case. Your birth injury attorney should take the time to respond to all your queries regarding your case and should make you feel that you will win your case.
What are the benefits of hiring a birth injury attorney?
There are a lot of benefits of hiring a birth injury attorney. Their negotiation skills would be vital in winning your case. Their wisdom and experience with the law would also help you make better decisions. If you’re injured, they would also help you get faster compensation for your troubles.
Can I sue the midwife if my baby suffered a birth injury?
Yes, you can sue the midwife if your baby suffered a birth injury. If proven that there’s negligence on your health care provider’s part, they can be liable for medical malpractice.