Jacksonville Birth Injury Attorney

If you’re an expecting parent, it’s one of your biggest concerns. You may have carefully vetted the medical professionals responsible for the safe delivery of your child, but accidents are still common in this field. If you have a child who is the victim of a birth injury, you may be entitled to compensation for their injuries. 

As Jacksonville birth injury lawyers, our law firm recognizes that money may not be your primary concern upon finding out that your child has a birth injury. But the unfortunate reality is that your newborn’s injuries may have long-reaching consequences. At Fasig | Brooks, our Jacksonville birth injury attorneys will alleviate the burden of pursuing a claim. In addition, we work on a contingency basis for birth injuries and other accidents resulting from medical negligence. That means you do not have to pay our legal team out of pocket for our professional services.

Call today to discuss any birth injuries your child may have sustained.

photo of a newborn

Holding Negligent Medical Providers Accountable for Delivery Errors

In order for an injury to be actionable, it must have the following four criteria:

1. Duty of Care

A medical professional must not only try to provide the best care for their patients, but they must also do it in a way that meets contemporary medical standards. Birth injury lawyers must demonstrate that the doctor and other medical staff were the designated healthcare providers for the patient. 

2. Breach of Duty 

If a doctor fails to prevent injuries through negligence or incompetence, it is considered a breach of duty. It’s important to note that no outcome is guaranteed. There are instances when there is a birth injury, but it isn’t grounds for a birth injury lawsuit or claim. The breach must stem from a mistake made by the medical staff.

3. Causation 

The breach of duty must have caused the accident. There is always the chance of an undesirable outcome during a birth. To make a claim, the plaintiff’s attorney must be able to show how a breach of duty caused the accident. 

4. Damages 

For there to be a valid claim, there must be measurable damages. What this means is that the child’s injury must have affected their life or future in some measurable way. There are many types of damages that our Jacksonville birth injury attorneys can pursue on your behalf. We will review them in the next section. 

Damages and Compensation for a Birth Injury

As the parents of a newborn who has suffered an injury, you may be entitled to the following types of damages. For a more specific itemization of the types of compensation that you’re entitled to, contact a Jacksonville birth injury attorney at our offices for a complimentary consultation. 

  • Economic Damages – These represent any financial costs you may have experienced due to the medical accident. Economic damages include medical expenses, time that you or the other parent may have missed from work because of the accident, rehabilitative therapy for the child, etc. Anything that has a monetary cost can be included in medical damages. 
  • Non-economic Damages – All medical malpractice incidents can be physically and emotionally traumatic, but when it comes to an injured child, they can be devastating. Non-economic damages are often referred to as pain and suffering because they attempt to address the emotional and physical pain from an accident. 
  • Punitive Damages – These types of damages are less common. To make a claim for punitive damages, your attorney must show that the medical malpractice that led to the victim’s birth injuries was egregious, reckless, or intentional. 

For a more in-depth discussion of the compensation that you may be entitled to, contact Fasig | Brooks today.

photo of women giving birth

Types of Child Birth Injury Cases

Our Jacksonville, FL medical malpractice team has extensive experience working on personal injury claims for birth injuries. Here are some of the types of birth injuries we handle:

  • Cerebral Palsy – Cerebral palsy or CP often results from a birth accident. More specifically, it occurs when there is oxygen deprivation to the child’s brain. Not all CP cases are due to negligence, but your obstetrician is responsible for assessing the risk of cerebral palsy and taking steps to reduce its likelihood. 
  • Erb’s Palsy – While the name may sound similar to cerebral palsy, Erb’s palsy is an injury to the body (as opposed to brain damage). These injuries, caused by an injury to the shoulder in the birth canal during the birthing process, cause weakness in the shoulders. With medical care, many of these cases resolve themselves. 
  • Caput Succedananeum – This is an injury to the scalp that can be caused by the misapplication of forceps. 
  • Spinal Cord Injuries – Spinal cord injuries are often the result of misapplied forceps. 

If you suspect your child may have been injured at birth or if you have had medical issues since you gave birth, you need to speak to an attorney. Call Fasig | Brooks and speak to a Jacksonville Birth Injury Lawyer today. 

Frequently Asked Questions About Birth Injury Cases

At Fasig | Brooks, we have a vast body of experience and knowledge regarding personal injury law. These are some of the most commonly asked questions our birth injury lawyers hear about cerebral palsy and other medical conditions arising from faulty obstetrics, prenatal and postnatal medical care. 

How Do Medical Malpractice Cases Work in Florida?

In most cases, you have two years to file a claim after you discover the injury. This time can be extended under certain conditions. 

Why should I hire a Jacksonville birth injury lawyer?

All doctors and administrators carry medical malpractice insurance. If you try to file a birth injury claim with a malpractice insurer, they will likely offer you an insufficient amount to try to minimize their payouts. 

A personal injury attorney can review your medical records, determine your damages, depose the medical staff, retain the services of an expert witness, and negotiate a settlement. Most importantly, they can determine if the injury was due to the negligence of a medical professional. Should your claim be denied or the settlement is insufficient, they can file a medical malpractice lawsuit and pursue your damages in the Florida courts. 

How can I afford a birth injury lawyer?

At Fasig | Brooks, we work on a contingency basis. That means that our fees are contingent on your receiving a settlement or an award from the courts. You can speak to a Jacksonville, FL birth injury lawyer from our office immediately. 

Can I File a Claim for a Birth Injury?

You can file a claim without the assistance of an attorney, but we recommend you speak to an attorney before even taking this initial step. 

Let Your Attorney Help With a Birth Injury

At Fasig | Brooks, we understand the tremendous burden you’re experiencing. We can review your case, determine if a medical professional or professionals were responsible for your child’s injury, and seek justice on your behalf. 
At Fasig | Brooks, our clients never pay out of pocket for our professional legal advice. Contact our Jacksonville, FL office at the earliest possibility and speak to one of our birth injury attorneys about your legal issue today.