Few occasions are more exciting for a family than the birth of their child. Unfortunately, every year, children suffer complications during delivery. When a baby is harmed during childbirth, it is a tragic experience for the parents; it’s the last thing you should have to worry about during this time in your lives. If your child was injured during birth, hire a Trinity birth injury lawyer at Perenich Law Injury Attorneys to represent you.
Many birth injuries can cause neurological damage and require lifelong care. Our experienced legal professionals could help you pursue compensation for your child’s injuries. Complications during childbirth can require long-term, specialized medical care. When your child’s injuries occur due to someone else’s negligence, you should not have to bear the financial burden alone. A successful medical malpractice lawsuit could reimburse you for the cost of your child’s medical care, including their future needs. Contact our firm today if you have questions about injuries your child sustained.
Childbirth Complications
Injuries during childbirth can cause serious complications for babies. The most common birth injuries include:
- Cerebral palsy
- Erb’s palsy
- Hypoxia
- Kernicterus
Many birth complications are caused by hypoxia, i.e., lack of oxygen to the brain. The longer a baby is without oxygen, the more serious complications they could suffer. Every second is crucial during a childbirth emergency. Other complications that result in birth injuries include:
- Improper use of forceps or vacuum
- Failure to identify or treat fetal distress
- Failure to monitor fetal data
- Failure to perform a C-section
During childbirth, it is important for parents to watch for symptoms of a birth injury. Early diagnosis can avoid serious complications. When a child suffers harm during delivery, the parents could pursue legal action with the help of a seasoned Trinity birth injury attorney.
Medical Malpractice in Florida
When a doctor or other medical professional deviates from the standard of care, they can be liable for malpractice. To prove medical malpractice for a birth injury, parents must show that the defendant did not follow the standard of care and their child was injured during labor or delivery as a result. A doctor’s medical mistake can have devastating consequences.
Florida Birth-Related Neurological Injury Compensation Act
In Florida, families can recover compensation for their child’s birth injury through the Neurological Injury Compensation Act (NICA). The NICA is a no-fault alternative to pursuing compensation through litigation. Parents do not have to demonstrate fault for their claim. Parents can recover the cost of medical care and other losses related to their child’s injuries, like special equipment, drugs, and long-term care. However, the NICA does not allow damages for other losses like pain and suffering, emotional trauma, or loss of enjoyment. Compensation is also capped at $100,000.
Depending on the circumstances of a particular case, parents may wish to pursue compensation through either NICA or a medical malpractice lawsuit. A trusted birth injury lawyer in Trinity could advise parents of the best option in their specific case.
How Can a Trinity Birth Injury Attorney Help with My Claim?
Learning that a child has experienced a birth injury can traumatize a family. When people are dealing with the initial pain of witnessing their child suffer from a birth injury, they do not want to think about bringing a legal claim. They just want to focus on caring for their injured baby. However, speaking with a knowledgeable attorney who understands what they are going through could be helpful. A caring and compassionate lawyer with deep ties to the community could help point them in the right direction and offer valuable advice to get through this challenging time.
Investigative Skills
Working with an established law firm like Perenich Law Injury Attorneys with access to significant resources could help a family. Our dedicated legal team could perform their own investigation and hire medical professionals to act as expert witnesses.
Negotiation Assistance
Some families think that they can handle claims for compensation regarding birth injuries on their own. Hospital administrators might try to assure them that accepting a small settlement quickly is in their best interests. Families might feel that involving a law firm could harm them by making an insurance company less likely to settle. However, accepting an initial settlement offer without discussing it with a seasoned lawyer is not a wise decision. An initial settlement offer will likely be low and would not consider all of a future child’s needs. Our well-practiced attorneys understand how to negotiate for a fair settlement.
A successful resolution of a birth injury claim could give a family the financial resources they need to pay for their child’s care. Birth injuries can affect a child for their entire life, so working with a skilled law firm right from the start could go a long way towards easing a family’s potential future financial burdens. Knowing that an experienced local attorney could use their resources and skills to fight for maximum compensation could give peace of mind to a family. A financial settlement or damages award would ensure that their child will have access to the best possible medical treatments and assistive care.
How Does a Birth Injury Lawyer Prove Liability?
Proving liability in a birth injury claim requires demonstrating that a medical professional’s actions fell below the accepted standard of care. While healthcare workers occasionally make mistakes, they should not make errors that other medical professionals with similar backgrounds, education, and training would not make in similar situations.
For instance, if a pregnant mother tells her doctor she has noticed a decrease in fetal movements, her obstetrical team should listen to her and act appropriately. They should listen to the fetal heart rate and possibly order an ultrasound and nonstress test. If necessary, they should perform an emergency C-section. If they fail to take preventative actions, a baby could experience a birth injury. A committed lawyer could review the medical history and speak with medical workers with similar backgrounds to learn if the doctor’s actions amounted to medical malpractice. A proactive legal team could gather proof and have another doctor testify that they would have acted differently in order to prove the obstetrician’s liability.
Our team of Trinity birth injury lawyers at Perenich Law Injury Attorneys understands complex medical cases and is not afraid to fight for a reasonable settlement offer.
Contact a Trinity Birth Injury Attorney at Our Firm
If your child was injured during birth, they could require lifelong medical care. The cost of this can burden your entire family. Our compassionate legal professionals at Perenich Law Injury Attorneys have successfully helped many parents pursue compensation for their children’s injuries during birth.
We understand how tragic this experience can be and want to offer our assistance so that you can focus on your child’s needs. We could help you with the claim process and advocate for the payments you deserve based on the birth injury your child suffered and the other losses you might incur as a result. Do not hesitate to contact a Trinity birth injury lawyer at our firm if you have questions about your case. Our law firm cares about this community and could bring your family into our family. We are 3 brothers helping others.
(727) 669-2828