Should You Hire a Florida Birth Injury Lawyer?

At Abrahamson & Uiterwyk, our birth injury lawyers are committed to helping families whose children have suffered birth injuries in Florida fight for compensation.

When doctors and hospitals make mistakes that lead to birth defects and other injuries, they deserve to be held fully accountable.

We are committed to doing what it takes to fight for our clients, and if you hire us to take your case, our childbirth injury attorneys will fight to recover the compensation that you deserve.

florida birth injury attorney

Medical Malpractice in Birth Injury Cases

When you check into the hospital for labor, you expect to receive professional, expert medical assistance for delivering your child. You are placing the responsibility of protecting your child in your doctor’s hands, and you are entitled to expect that he or she will deliver your baby with the utmost attention to you and your baby’s needs. This is not just us talking, this is Florida law. In Florida, the law entitles all patients to receive medical treatment that meets or exceeds the relevant standard of care.

While certain birth injuries can result from biological factors, there are numerous instances in which a childbirth injury can be directly attributed to a healthcare professional’s failure to meet this standard of care. This failure constitutes medical malpractice – a form of negligence that too often leads to irreversible harm.

At Abrahamson & Uiterwyk, we have handled hundreds of birth injury cases. We are experienced in investigating medical malpractice, and we know what it takes to hold hospitals and medical professionals accountable for their mistakes. The consequences of a medical mistake can last a lifetime. If you suspect that your child’s birth injury may be the result of medical malpractice, we urge you to contact us for help today.

Common Forms of Medical Malpractice Leading to Birth Injuries

As we mentioned above, there are numerous medical errors that can lead to birth injuries. These errors can occur during pregnancy or childbirth and can range from failure to order necessary tests to making mistakes during the delivery process.

Some of the most common forms of medical malpractice that can lead to birth injuries include:

  • Delayed cesarean sections (C-sections)
  • Failure to administer specialized tests during pregnancy
  • Failure to communicate patient conditions to the appropriate hospital personnel
  • Failure to detect and treat infections
  • Failure to detect and treat umbilical cord entrapment
  • Failure to diagnose hypoxia, spina bifida, and other potentially dangerous conditions
  • Failure to refer high-risk patients to specialists
  • Improper use of forceps
  • Improper use of vacuum extraction

Of course, this is just a short list of examples. Providing appropriate medical care during pregnancy and childbirth requires specialized knowledge and extensive experience. It is precisely for this reason that hospitals and medical professionals are held to such high standards – and why families are entitled to seek fair compensation when their care leads to life-changing injuries.

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Common Birth Injuries Resulting From Medical Malpractice

Medical malpractice-related birth injuries can range from bone fractures, which may heal over time, to severe medical conditions that can have potentially fatal consequences. Ten of the most common injuries are:

  • Brachial Plexus Injuries – Common brachial plexus injuries include Erb’s palsy and Klumpke’s palsy. These injuries frequently result from shoulder dystocia during childbirth, which is often a result of medical malpractice.
  • Bone Fractures – The most common bone fracture during childbirth is a fractured clavicle (collar bone). Fractures can occur when delivering physicians pull too hard on the infant and make other mistakes.
  • Cephalohematoma – Cephalohematoma involves bleeding in the brain beneath the cranium which often is first discovered when a lump appears on top of the newborn’s head. Cephalohematoma can lead to jaundice, anemia, hypotension, and other potentially dangerous medical conditions.
  • Caput Succedaneum – Caput succedaneum is most commonly caused by improper vacuum extraction during delivery. The most common symptom of caput succedaneum is severe swelling of the newborn’s scalp.
  • Perinatal Asphyxia – Perinatal asphyxia is a condition that results when there is inadequate oxygen flow to an infant’s brain. This can occur during pregnancy, during childbirth, or even after delivery. Perinatal asphyxia can lead to problems with the circulatory, digestive, and respiratory systems, as well as other severe consequences.
  • Intracranial Hemorrhage – An intracranial hemorrhage is an injury that results in bleeding inside of the skull. In severe cases, intracranial hemorrhaging can lead to permanent brain damage.
  • Subconjunctival Hemorrhage – A subconjunctival hemorrhage is a ruptured blood vessel under the surface of the eye. It is commonly the result of trauma during the delivery process caused by medical negligence.
  • Facial Paralysis – If too much pressure is placed on the infant’s face during delivery, this can damage the facial nerves and lead to paralysis. Use of forceps and vacuum extraction are common causes, though other medical errors can lead to facial paralysis during childbirth as well.
  • Spinal Cord Injuries – Spinal cord injuries, including paralysis, can result from delivery errors as well as failure to diagnose a fetus’s spina bifida during pregnancy. Use of forceps and vacuum extractors can often significantly increase the risk of a birth-related spinal cord injury.
  • Cerebral Palsy – Cerebral palsy is caused by injuries during brain development, which may occur before, during, or after childbirth. Severe cerebral palsy can have life-changing, and potentially life-threatening, consequences.

Seeking Fair Compensation for Birth Injuries Caused by Medical Malpractice

If you are thinking that there is no such thing as “just” compensation when a medical mistake causes a life-changing birth injury, frankly, you are right. Children who are permanently injured due to medical malpractice may never get to live the life they deserved. This is an unspeakable tragedy, and one for which no amount of money can truly serve as “just” compensation.

But, money is the best that our legal system has to offer; and, by filing a claim for compensation, (i) you may have access to the funds you need to care for your child as he or she grows, and (ii) hold the responsible party accountable for its actions. In birth injury lawsuits, parents will often be able to recover compensation for:

  • Past medical expenses
  • Future medical expenses
  • Pain and suffering
  • Counseling expenses
  • Physical therapy expenses
  • Vehicle and home modifications
  • In-home care
  • Loss of income
  • Loss of consortium
  • Loss of companionship
  • Loss of enjoyment of life

If your child suffered a birth-related injury, it is critical that you seek legal and medical assistance. You also need to be very careful when dealing with insurance companies. There are steps that you will need to take in order to protect your rights and allow for the calculation of your total losses, and you do not want to say or do anything that could harm your chances of pursuing a successful claim.

About Abrahamson & Uiterwyk

Abrahamson & Uiterwyk is a Florida personal injury law firm with 10+ lawyers who focus their practices exclusively in the area of injury compensation. For more than 30 years, our lawyers and staff have been helping victims and their families. Our Florida birth injury attorneys have represented more than 20,000 clients throughout Florida, and have helped them seek compensation through thorough case preparation, strategic settlement negotiations, and aggressive representation at trial.

At Abrahamson & Uiterwyk, we offer free initial consultations, and we do not charge any legal fees or costs unless we win compensation for you. As a result, it costs you nothing to sit down with one of our injury attorneys to learn more about your rights. If your child suffered a birth injury and you believe that medical malpractice may be to blame, we encourage you to contact us 24/7 so that we can help you begin the recovery process.

Schedule a Free, No-obligation at Our Law Offices in Florida

If you are considering a birth injury claim, it is important that you speak with our birth injury attorneys as soon as possible. The amount of time that you have to file a birth injury claim is limited, and if you wait you could jeopardize your ability to secure financial compensation.

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