Birth injuries can be devastating to a family. Every expectant parent looks forward to taking home a healthy newborn baby, but in an instant, a medical professional’s negligence negatively impacts a family for life.
Medical facilities are not always forthright when mistakes occur, and parents with children who suffered birth injuries are often left wondering if their child’s injuries were simple misfortune or the result of medical negligence on the part of Tavares doctors and medical staff.
Have you or your child been severely injured during childbirth? If so, Morgan & Morgan’s Tavares attorneys may be able to help you pursue legal action to collect compensation for your losses. To learn more about how we may be able to help, please complete our free case review form.
Birth Injury Types
There are a large number of birth injuries that can occur, due to the sensitive nature of the birth process and the fact that both the child and mother are vulnerable.
Potential injuries to the child include:
- Cerebral palsy;
- Brachial plexus palsy, including Erb’s palsy and Klumpke’s palsy;
- Brain damage;
- Shoulder dystocia;
- Spinal cord damage;
- Caput succedaneum; and
- Wrongful death.
Cerebral palsy, according to the American Academy of Orthopaedic Surgeons, affects muscle control. Severe cases can lead to children needing crutches, a walker, or even a wheelchair. If a child develops cerebral palsy as the result of a healthcare provider’s negligence, the parents may be able to file a claim for any resulting damages, including present and future medical costs, loss of wages and future earning capacity, loss of enjoyment of life, and pain and suffering.
Lack of care during the birthing process could also lead to injuries to the mother, including:
- Vaginal tears;
- Ruptured uterus;
- Preeclampsia (pregnancy-induced hypertension);
- Clavicle fractures;
- Sepsis; and
- Wrongful death.
Holding Doctors Accountable
Birth injuries can be long-term or even permanent, drastically changing a family’s fortunes. Often times, physical therapy is needed to help the child function, and parents will spend more and more money in their attempt to give their child a better life - all for something that was the fault of a separate medical professional.
This physical and financial burden also extends emotionally. The injured infant and beleaguered parents may now suffer a loss of enjoyment of life, as well as companionship. The emotional suffering a birth injury can cause can be quietly devastating, and all from a doctor’s careless mistake. But a birth injury attorney may be able to present all of the physical, financial, and emotional damage – done to your family to the judge or jury and prove that you are entitled to significant compensation as a result.
If you believe your newborn was injured because of medical negligence during or prior to delivery, then legal action may be a way to help your child while also preventing injuries to other children. Consulting an experienced birth injury lawyer in Tavares may be your best hope of securing the compensation you need to care for your child.
What is My Case Worth?
Economic and noneconomic damages may be available to a party injured during childbirth, as well as family members who lost a loved one during childbirth due to another’s negligence. It is important to note that Florida has placed a cap of $1.5 million for the recovery of intangible (noneconomic) damages. Economic damages can include medical expenses, including future ones such as in-home rehabilitation, lost wages, and funeral expenses in the event of a wrongful death. Noneconomic damages are ones that don’t have a tangible financial number, including pain and suffering and loss of emotional support.
Morgan & Morgan May be Able to Help
If you or a loved one sustained a birth injury in Tavares, you may be entitled to compensation for your losses. To learn more about your available legal options, please complete the case review form to the right. Your claim will be reviewed by a Tavares birth injury attorney, at no cost to you, to help determine whether you have a viable claim.