Hardly anything is more tragic than a child’s injury, especially one that occurs at birth. In fact, most birth injuries are actually very preventable.
When you or your child has suffered an injury at birth, the injuries sustained could be life threatening or life altering. Either way, you face years of recovery and a mountain of medical bills; but you do not have to face this alone. When you work with a skilled birth injury lawyer, like a birth injury lawyer in Fort Lauderdale, FL, he or she can give you the peace of mind to know that your personal injury case is being handled competently so you can focus on your child.
What are common birth injuries?
Birth injuries vary, but the most common include:
- Broken bones
- Facial paralysis
- Brain hypoxia
- Brain damage
- Cerebral palsy
- Erb’s palsy
- Klumpke’s palsy
- Brachial plexus injuries
All of these injuries are tragic and they all result in expensive medical bills. You have enough to worry about making sure your baby gets the medical attention they deserve. You don’t need to focus on the legal complexities ahead. Let us handle that for you.
How do birth injuries happen?
Most birth injuries are completely preventable. This means they are the result of negligence on the part of a medical professional. Common reasons for birth injuries include:
- Improper use of birth tools
- Administering incorrect medication
- Misdiagnosis or delayed diagnosis
- Failure to detect fetal distress
- Failure to react properly in an emergency
All of these are preventable. It’s important that the negligent party be held accountable for your injuries and those of your baby so you don’t have to pay out of pocket for your medical expenses.
What makes a birth injury medical malpractice?
When reasonable care by a doctor, nurse, or other medical professional would have prevented the injury which occurred, the action or inaction amounts to medical malpractice. There are four elements you must prove in your personal injury claim:
- You had a doctor-patient relationship
- The doctor or medical professional breached their duty of care to you by acting negligently
- The doctor or medical professional’s action or inaction caused the injury to you or your baby
- You or your baby suffered
A medical malpractice claim is a complex area of the law and should not be trusted to just anyone. A good medical malpractice attorney will have the experience you deserve to help you maximize your recovery and ensure you don’t have to pay out of pocket for your medical bills.
What compensation can I receive?
The value of your birth injury claim will vary based on the type of injury you or your baby suffered. Generally, we’ll fight to get you compensation for:
- Pain and suffering
- Emotional distress
- Medical bills
- Rehabilitation costs
- Loss of companionship
Suffering such a tragic injury at what should be a joyous moment is truly traumatic. Don’t face this alone. Focus on your baby and your recovery while an attorney focuses on maximizing your financial recovery.
Thanks to Needle & Ellenberg, P.A. for their insight into common birth injuries.