Injuries to children aren’t just heartbreaking; they take a tremendous toll on the lives of their caregivers. The personal and financial demands of caring for a child with special needs caused by a birth injury can challenge even the strongest marriages.
At Fasig | Brooks, we put this burden where it belongs — on the responsible parties. A Tallahassee birth injury lawyer can ensure the best liability experts and life care planners evaluate your case. We can’t change the past, but we can help make your family’s future brighter.
You can reach out to a Tallahassee medical malpractice lawyer for help today. Call or complete our online contact form to get assistance from our law firm.
When Should You Contact a Birth Injury Lawyer?
Birth injuries are both traumatic and relatively common in the United States. One study published in the “Journal of Maternal-Fetal & Neonatal Medicine” in 2013 looked at the rate of birth trauma in a medical facility from 1986 to 2009. It found that 24.3 full-term newborns of every 1,000 births were diagnosed with birth trauma.
Suppose your child suffered a birth injury related to medical malpractice in Tallahassee. In that case, you may have legal recourse to pursue a personal injury law claim to receive compensation for the costs of your child’s medical treatments after your child’s birth injury.
Personal injury attorneys can review your situation to determine if a medical professional caused your child’s injury through an act of malpractice. If a doctor fails to provide appropriate care, we may help you secure financial compensation.
What Are Common Causes and Types of Birth Injuries?
Birth injuries happen for many different reasons. The study mentioned above found that children delivered via instrumental delivery were 7.5 times as likely to suffer birth injury as those not delivered via instrumental delivery.
Another frequent cause of birth-related injuries involves the significant delay of a Cesarean section, especially if the child suffers a lack of oxygen during the birth and requires an emergency C-section. If the doctor fails to perform it promptly, it could cause a child’s injury.
In extreme cases, this may lead to cerebral palsy and other serious health effects that may have them dealing with pain throughout their lives. Other types of birth injuries include:
- Bone fractures
- Caput succedaneum
- Subconjunctival hemorrhage
- Facial paralysis
- Spinal cord injuries
Personal injury attorneys from our team can review your child’s situation and provide information about securing damages for common birth injuries.
The Florida Birth-Related Neurological Injury Compensation Act (NICA)
Under this act, you may claim compensation if your child suffered specific injuries in Florida, such as those affecting the brachial plexus, brain, or spinal cord. You do not have to prove any medical provider’s negligence or liability. The injury must result from oxygen deprivation or mechanical injury during labor and delivery.
While the program will cover the costs of care, hospitalization, and medication, it does not cover damages such as personal suffering or disfigurement. However, you cannot receive compensation from NICA and pursue a medical malpractice claim involving an insurance company.
Can You Hold a Medical Professional Liable for a Birth Injury in Tallahassee?
You can talk to a Tallahassee birth injury attorney about your eligibility for NICA or if you qualify to file a medical malpractice lawsuit. If you are pursuing litigation, you must prove the doctor’s actions were negligent. That is, you must prove that other reasonable professionals would not have acted in the same manner under similar circumstances.
You must also demonstrate damages related to the malpractice. This step allows you to recover appropriate compensation to cover your injured child’s needs and care. According to the law, minor injuries that cause no damages, for example, may not warrant legal action.
For any questions regarding NICA law, talk to birth injury attorneys today.
Don’t Wait to Get the Legal Representation Your Child Deserves for Their Injury and Pain
Because birth injury claims, like many other personal injury claims, have a statute of limitations under the law, it is essential to act now. Suppose your child suffered an injury, and you suspect that the injuries resulted from medical malpractice and negligence.
In that case, you need to speak with an experienced Florida attorney immediately so that we can get started on your personal injury case. We’re ready to focus on bringing you coverage for your medical costs.
What Are Birth Injuries?
Birth injuries happen during childbirth, most often while the child is still traveling down the birth canal. They tend to happen when doctors apply pressure to the infant or when infants suffer from oxygen deprivation.
These injuries range from minor to severe. In other cases, they arise due to a mistake made by the doctor during the pregnancy or delivery. The consequences of a birth injury can impact the injured child for life, affecting their quality of life and that of their parents and siblings.
If your child suffered injuries due to a doctor’s negligence in Tallahassee, FL, talk to attorneys about the injuries sustained or the medical errors you believe were involved in the injury. You may be entitled to recover compensation by law for your:
- Medical costs
- Pain and suffering
- Wrongful death
- Other damages
You can seek legal advice for your personal injury case in Tallahassee, FL. Talk to a Fasig | Brooks injury lawyer today about compensation for medical bills associated with severe injuries.
Are Birth Injuries and Birth Defects the Same Thing?
A birth defect is related to the child’s genetics and appears regardless of the care provided by the doctor. On the other hand, birth injuries result from some action or lack thereof during the birth process.
Injuries can also happen when something goes wrong during the pregnancy, such as an infection that doctors failed to treat adequately or a mistake in treatment.
Remember that you can file a medical malpractice claim when a child suffers a birth injury but not because they were born with a birth defect. We can review your situation to see if your child sustained an avoidable injury.
Can Birth Injuries Be Prevented?
In many cases, doctors and nurses can prevent birth injuries. When the obstetrician monitors the patient during their pregnancy and offers them normal and reasonable medical care, they should notice any unusual factor that might affect the fetus within the womb or that could lead to a complicated delivery.
When the delivery process starts, the doctor should also look for distress in the infant or the mother. It is very common for injuries to occur when the doctor waits too long before deciding to perform a cesarean section, causing the infant to experience oxygen deprivation or suffer in any other way.
A doctor can minimize or prevent the most common injuries by acting swiftly.
What Are the Most Common Types of Birth Injuries?
Some of the most common injuries are:
When infants suffer damage right before or during birth, their brains lose the ability to control the nervous system and the muscles. Cerebral palsy varies in its severity. In the best outcomes, the infant can grow up to enjoy an independent, normal life.
However, severe cases may cause the need for permanent care and a permanent inability to manage the body’s functions.
In this case, shoulder dystocia and damage to the nerves damage the brachial plexus. Suppose the baby has a difficult time moving down the birth canal. In that case, the difficult delivery can cause this devastating condition, resulting in the baby having reduced use of their limbs for their lifetime.
You can contact us to learn more about this medical condition.
Hypoxic Ischemic Encephalopathy
This traumatic brain injury occurs when circumstances disrupt oxygen flow to the brain. Even the shortest oxygen interruption can result in permanent brain damage. HIE can result from an umbilical cord that wraps around the baby’s neck or when the cord is damaged.
It can also occur in cases of a ruptured uterus or injuries to the placenta.
A hematoma is an injury to the baby’s head during childbirth that could cause brain damage. Although some cases are mild and do not cause permanent injury, others call for immediate surgery to save the baby’s life.
Do Birth Injuries Get Diagnosed Right Away?
Not all issues become apparent as soon as the infant is born. In some cases, children start showing symptoms throughout the first years of their life. The pediatrician might order some tests to uncover the injury at that point.
Other cases result in the immediate diagnosis of the injury as soon as the infant is born. The Apgar score might be the first place to detect the presence of an injury. Other tests, such as an MRI or a CT scan, may reveal whether the baby has sustained an injury at birth.
The doctor would inform the parents at that point how severe the condition is.
Discuss Your Case Now with a Tallahassee Birth Injury Lawyer
You can contact a Tallahassee birth injury lawyer from our team at Fasig | Brooks to Come Back Stronger. We use our legal experience as a personal injury law firm to address all your concerns, helping you navigate the legal system.
Find out more by calling or completing our online contact form.