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Both mother and child are vulnerable during the birthing process. Although expectant parents in Miami search for the best care before the delivery of their newborn, not all doctors deserve the trust of their patients, and serious, life-altering injuries can occur due to negligence and error.
Medical negligence is a risk during any procedure, but newborns are extremely susceptible to injuries that can cause a lifetime of disability and medical expenses, including Erb’s palsy, cerebral palsy, brachial plexus injury, and more. It can be difficult to prove negligence on the part of the medical facility on your own, as doctors will not readily admit when mistakes occur. That’s where an experienced birth injury lawyer can help.
The birth injury attorneys at Morgan & Morgan have years of experience spotting medical mistakes and proving that medical negligence, not simple misfortune, was the cause of a newborn’s permanent disabilities. Pursuing a lawsuit cannot fix the harm that was done to your newborn, but our attorneys will fight to try and hold the negligent parties responsible for their actions, recover compensation for costly medical expenses, and bring justice to you and your baby after a traumatic delivery. If your family has suffered after a birth injury caused by medical negligence, contact us for a free, no-risk case evaluation today.
Common Causes of Birth Injuries
The delivery process can be rife with complications if the physician is not careful. Among the most common causes of birth injuries include:
- Excessive Force: The doctor causes nerve damage to the newborn by exerting too much force on a limb or the neck during vacuum extraction or using forceps.
- Oxygen Deprivation: Complications, such as an umbilical cord wrapped around the neck, can deprive a newborn of oxygen. This can result in brain damage, permanent cognitive delays, or conditions such as cerebral palsy.
- Delayed C-Section: A doctor may have a delayed response to fetal distress or otherwise fail to perform a C-section in a timely manner, causing injury or death to the newborn.
- Inadequate Monitoring: The physician may not adequately monitor the mother and child’s condition before, during, or after the delivery, leading to complications or death. Conditions that require immediate attention from the physician that may go ignored include preeclampsia, placenta previa, ruptured uterus, and more.
Any of these examples of medical negligence or error can cause nerve damage, Erb’s palsy, Klumpke’s palsy, paralysis, brain damage, hemorrhaging, spinal cord damage, and other motor disorders. Our birth injury attorneys will work to establish negligence on the part of the medical professional by proving one of these common causes of birth injuries occurred during the delivery.
Cerebral palsy can be caused by complications before or during birth. It is a debilitating medical condition that negatively impacts a child’s motor function and can require costly lifelong medical care. A birth injury attorney can file a lawsuit for present and future medical costs, loss of future earning capacity, pain and suffering, among other damages that will help the family financially support their child with Cerebral palsy. Congenital Cerebral palsy, which is caused by brain damage that occurs before or during birth, makes up 85 to 90 percent of Cerebral palsy cases, according to the Centers for Disease Control and Prevention.
Statute of Limitation
If someone you love is the victim of a birth injury, the statute of limitations to file a lawsuit is within two years of the accident, according to state law. It’s important for families to pursue a lawsuit as soon as possible if they suspect their newborns birth injury was the result of a medical error.
How Much Does a Birth Injury Attorney Cost?
Morgan & Morgan’s birth injury attorneys work on a contingency-fee basis. That means no upfront costs to you. You will only pay a reasonable fee if your attorney prevails in recovering compensation for you.
What Can I Recover From a Birth Injury Lawsuit?
If your infant has suffered a birth injury during the delivery process due to the negligence of a medical professional, you may be able to recover compensation for medical expenses, pain and suffering, and other economic and non-economic damages. To learn how our birth injury attorneys in Miami can help you, fill out our free, no-risk case evaluation form today.