If you have a child who is the victim of a birth injury, you may be entitled to compensation for their injuries. A Jacksonville birth injury lawyer can help you seek damages to cover your child’s medical bills and your family’s other losses.
Our law firm at Fasig | Brooks recognizes that money may not be your primary concern upon finding out your child has a birth injury. Our Jacksonville medical malpractice lawyers 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 or complete our online contact form to learn more about your options.
Newborn children are in the boxes in the hospital.
When Can You Hold Negligent Medical Providers Accountable For Delivery Errors?
To have an actionable birth injury claim, your lawyer must demonstrate that your case involves the following four criteria:
1. Duty Of Care
A medical professional must not only try to provide the best care for their patients but 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 for your family to qualify for financial compensation. We understand the standard of care in these claims and can guide you.
3. Causation
The breach of duty must have caused the accident. There is always the chance of an undesirable outcome during a birth. The plaintiff’s attorney must be able to show how a breach of duty caused the accident to make a claim.
4. Damages
For there to be a valid claim, there must be measurable damages. Therefore, the child’s injury must have affected their life or future in some quantifiable way. Our Jacksonville birth injury attorneys can pursue many types of damages on your behalf.
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What Compensation Can You Secure for a Birth Injury?
Your family may receive the following damages if a medical professional causes your child injuries during childbirth or delivery. Our team can help you secure maximum compensation for your:
Economic Damages
Economic damages represent any financial costs you may have experienced due to the medical accident. For example, economic damages include medical expenses. Children may require care for brachial plexus injuries, oxygen deprivation, broken bones, and other preventable birth injuries.
You may also receive funds to cover the time you or the other parent may have missed from work because of the accident and rehabilitative therapy for the child. We can discuss compensation for medical negligence when you contact our law office for help.
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.
We help our personal injury clients seek damages to cover mental anguish and emotional distress.
Punitive Damages
Punitive damages are less common. To make a claim for punitive damages, your personal injury law firm must show that the medical malpractice that led to the victim’s birth injuries was egregious, reckless, or intentional.
These funds go beyond medical bills, allowing the court to penalize the party at fault for your child’s injuries. Seeking legal representation quickly can help you better understand this form of compensation.
Emergency In the Hospital: Woman Giving Birth, Husband Holds Her Hand in Support, Obstetricians Assisting. Modern Delivery Ward with Professional Midwives.
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What Types of Birth Injury Cases do We Handle?
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 Cases
Cerebral palsy (CP) often results from a birth accident. More specifically, it occurs when there is oxygen deprivation in 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.
Insurance companies may have to cover the expenses associated with this condition.
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 Succedaneum
Caput succedaneum is an injury to the scalp that the misapplication of forceps can cause. Personal injury attorneys can help your family secure funds to cover the results of this injury.
Spinal Cord Injuries
Spinal cord injuries are often the result of misapplied forceps. Insurance companies may have to cover the costs of your child’s medical care if a doctor or another medical professional causes a spinal cord injury or another preventable birth injury.
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How Long do You Have to File a Birth Injury Claim?
In most cases, you have two years to file a claim after discovering the injury. The court may extend this time under certain conditions. We help accident victims and their families monitor all deadlines to resolve their claims.
Why Should You 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 decide 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. Firms can also help you deal with Florida’s NICA legislation. Find out more with a personal injury law firm.
How Can I Afford a Birth Injury Lawyer?
Our team works on a contingency basis. That means that our fees are contingent on your receiving a settlement or an award from the courts. You can immediately speak to a Jacksonville, FL, birth injury lawyer from our office.
Why Hire Our Team After a Birth Injury in Jacksonville?
Our team at Fasig | Brooks believes in delivering personalized and compassionate care for clients dealing with medical malpractice claims after a birth injury. We use our legal experience to help your family Come Back Stronger, working aggressively to help you secure fair compensation.
We maintain open lines of communication and believe in keeping you up-to-date about the status of your claim. We have experience handling a wide range of birth injuries. We dig into the facts of your case, review wrongful acts by doctors, and work with medical experts to build a case.
We understand the legal process for securing compensation for medical treatment, lost wages, pain, and suffering. We’ve brought clients millions of dollars since we began serving clients in 2008. Find out more about how we can help by contacting us now for a free consultation.
You Can Speak to a Jacksonville Birth Injury Lawyer Today
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.
You can begin working with a Jacksonville birth injury lawyer from our team today. We’ll help you stand up to health care professionals and always represent your family’s best interests. Call or complete our online contact form to get started.
We know what needs to be done to facilitate a fair settlement
