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Medical Malpractice Attorneys

Birth Injury Lawyer

Newborn Baby Girl With Severe Rash Resulting From Shots at BirthDoctors, nurses, and other healthcare professionals bear an enormous responsibility when a mother goes into labor. Childbirth is a complex and risky process that can, if not handled correctly, place the life and health of both mother and child at risk.

The Birthing Process

Providing care for a mother and her child before, during, and after labor is a serious process for medical professionals. Everyone involved must take great care because even small errors can have disastrous consequences.

Patients want to be able to trust their doctors completely, as many of us have little or no understanding of the medical procedures going on around us, and therefore no ability to intervene when things go wrong.

Childbirth is also an expensive medical process. Every additional action required costs the patient, which means that if mistakes or malpractice necessitate resuscitation or life-saving measures, this costs enormously. Not only that, but the cost of ongoing care for the injuries that could be caused by medical malpractice or negligence can be extremely high.

In addition to high medical bills that patients may face for their care both during and long after childbirth, things like reoutfitting a family home to provide for the special needs of family members after significant accidents can be enormously costly. These are not the costs that a newly injured person, or their family, should ever have to face.

Birth Injuries

A birth injury is an injury that occurs before, during, or after labor which causes harm to both the mother and the child. Birth injuries are caused by negligence, mistakes, or medical malpractice at the hands of the presiding medical professionals. In the state of Florida, birth injuries can be taken to Florida civil court, where the mother, or their family, can pursue just compensation.

Some of the most common birth injuries include broken bones, brain damage, and fetal infection. This often occurs as a consequence of medical malpractice and could have been avoided. 

More serious consequences can also occur as a result of medical malpractice, such as causing lifelong conditions like cerebral palsy and Erb’s palsy. These can be the result of a negligent physician failing to monitor the baby adequately during labor, starving them of oxygen, and causing permanent brain damage as a result. Medical malpractice may, in extreme cases, even result in the tragic death of the mother, the child, or both. Here are some of the birth injuries that we encounter:

  • Brain damage at birth
  • Hypoxia
  • Brachial plexus injuries
  • Asphyxia
  • Seizure disorders
  • Facial paralysis
  • Spinal cord injuries at birth
  • Shoulder dystocia at birth
  • Wrongful death

Parents and family may be entitled to seek compensation and legal justice if it can be found that physicians were negligent, improper equipment was used, the staff was not provided adequate training, unsanitary equipment was used, surgical errors occurred, machines failed to function properly, or there was another form of preventable occurrence during the birthing process.

When birth injuries occur, families often choose to seek legal justice and compensation. Medical malpractice lawsuits can be brought against doctors as independent contractors, or the larger entity of a whole hospital and their systems.

Legal Issues Associated with Birth Injuries

If you or a loved one feels that medical malpractice occurred during the birth of a child, the best course of action is to engage a birth injury lawyer as soon as possible. There are many forms of evidence for medical malpractice cases that may be time-sensitive, and the sooner a lawyer gets involved, the sooner that evidence can be collected and reviewed.

Florida law adds another layer of complication to medical malpractice cases. Doctors can choose whether or not to carry medical malpractice insurance, or simply to operate under the insurance of the hospitals they work for.

If you are taking legal action against a single doctor or other staff members, you will need to be sure that they are directly employed by the hospital. Hospitals may, in some cases, hire independent contractors, which makes the process of determining liability more complicated.

Doctors who are independent of the hospitals they are working at are generally the ones held liable in cases of medical malpractice, and not the hospital that they are operating at. Hospitals have a responsibility to inform patients when doctors and other staff members are not permanent members of their team. If the hospital fails to inform patients, the liability reverts to them since patients would therefore be receiving treatment without their knowledge or consent.

Hospitals may also be found liable if doctors are found to be unfit to treat patients appropriately but are kept on staff despite the hospital's knowledge to that effect. Once again, the hospital is not fulfilling its duty of care to its patients.


Why hire a legal birth injury professional?

The job of effectively arguing that a hospital or an individual contractor caused any injuries at birth as a result of medical malpractice can be tricky. A skilled birth injury lawyer with experience handling medical malpractice and birth injury cases specifically will be able to help you navigate the complicated legal waters, and fight for fair compensation.

A legal claim will most often begin with an expert witness who can agree to testify that a doctor, staff member, or hospital, acted negligently towards their patient. An attorney makes finding such a witness far less challenging and can help to match the right witness with the right expertise to the right case.

Medical expenses during and after a serious injury can be crippling, especially for new parents who already have so many major expenses to worry about. The cost of ongoing medical care is significant, as is the significant mental cost of experiencing such a serious trauma for those involved. This is why it can be so important to fight for fair and just compensation, to help families pay medical and other bills while they grieve and begin to heal.

One mistake can have lasting effects on the life of a new baby, a new mother, and their whole family. Mistakes can also endanger the lives of those involved, or permanently alter a person’s health. Therefore it is so important to engage an experienced lawyer after an accident, who will fight for you, and work towards a fair and just outcome.

A great birth injury lawyer will be responsible for many aspects of your case, including:

  • Digging into the incident to find out exactly what occurred, and who is responsible.
  • Liaising with experts who may testify at a trial, to further understand the incident.
  • Offer proof that the circumstances of the incident amounted to medical malpractice.
  • Communicating on your or the victim's behalf with insurance companies and defense lawyers.
  • Negotiating with all parties to ensure the best possible settlement outcome.
  • Taking your case into the courtroom if necessary, or if the insurance company refuses to offer a fair settlement.

The team at The Injury Firm are experts in fighting for fair compensation in Florida medical malpractice cases. Medical malpractice cases in Florida are most often settled out of court, which is why we offer a respectable compensation package on your behalf for this outcome. If the case does end up in court, our lawyers will fight for what is fair, with a wealth of expertise and resources behind them.

Give us a call or come see us today for a no-cost and obligation-free chat, to discuss your birth injury case and your best options: 954-951-0000.

The Injury Firm

1608 East Commercial Blvd. 
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000


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The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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