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When you trusted they were competent medical professionals

Miami Birth Injury Attorney

When tragedy Strikes

the Most vulnerable

Birth injuries can happen for a variety of reasons. Even with the most diligent and advanced obstetric care, injuries can still occur during labor and delivery. When these birth injuries are the result of negligent medical care or supervision, our civil legal system entitles the child and parents to pursue financial compensation from the responsible healthcare providers.

Experienced Birth Injury Attorneys will Fight for your Rights

Preventable Accidents are unbearable

Causes of Birth Injuries

The causes of a birth injury can often be unpreventable. Many times, a difficult labor happens due to the child’s size or the baby’s position leading to and during delivery. Injuries are more typically observed in certain circumstances, including: 

  • very large babies (over the birthweight of 8 pounds, 13 ounces);
  • prematurity (babies born before 37 weeks);
  • prolonged labor;
  • breech delivery;
  • dystocia;
  • difficult labor and childbirth.
 

However, there are times where a birth injury is the result of poor medical care or medical negligence. When this type of human error occurs during labor and delivery, it oftentimes results in the baby suffering serious and permanent injuries. 

To successfully win a claim for an infant suffering a birth injury due to the negligence of the doctor or other medical professional who delivered the baby, the parent must show that the negligence of the professional directly led to the birth injury.

Medical Negligence

Medical negligence occurs whenever a healthcare professional’s treatment of a patient falls below the standard of care that is expected in the medical community. Common birth injuries caused by negligence include:

  • Improper Forceps Use: Occasionally whenever a mother is struggling in delivering her baby, or if the baby is improperly positioned in the womb, the physician may need to use medical tools, known as forceps, to help aid in the birth. Even proper use of forceps can lead to injuries, and forceps use has been linked to cerebral palsy and other birth defects. Extreme caution must be used, as they can lead to nerve damage in the infant’s neck, chest, or head.

  • Improper Vacuum Use: If the mother is struggling in delivery, a vacuum may be used to assist in helping the fetus through the birth canal. However, like forceps, injuries do occur when the vacuum is improperly used. These injuries are not just limited to the infant but can also injure the mother.

  • Delay in Ordering Caesarian Section: An emergency C-section may be needed if the infant is suffering from fetal distress, including slowed heart rate or sudden drop in the mother’s blood pressure. If the physician delays the C-section, the baby may be in distress for too long, and certain birth injuries can result. If that occurs, the medical professionals who delayed in ordering the C-section may be found liable for the resulting birth injuries.

  • Hypoxia: Hypoxia occurs whenever the child’s brain does not receive enough oxygen. This can occur during childbirth if the baby becomes tangled with the umbilical cord, if there is an infection in the womb or birth canal, or if there is any damage to the placenta. Hypoxia should be caught early by the medical staff since harm can occur to both the child and the mother. If the doctor fails to catch hypoxia or fails to take action to avoid harm to the child or mother, he or she can be liable for any resulting injuries.

Breach of Duty by your Physician Resulting in Birth Injuries

There is a number of different actions by a medical provider during the child birthing process that may constitute actionable negligence under Florida law. These include:

  • Failure to detect fetal distress
  • Failure to diagnose diabetes, low blood pressure or preeclampsia
  • Failure to test for birth defects
  • Failure to provide thorough and accurate information about potential birth defects
  • Excessively pulling / tugging on the child during delivery
  • Incorrectly administering an epidural
  • Prescribing medication that can be harmful to the unborn child
  • Inducing labor when it is not safe to do so.

Damages from Birth Injuries

Raising a child with a birth injury can take an emotional and financial toll. The injuries oftentimes result in the baby suffering serious and permanent injuries.  It is important to ask for enough in damages to provide for these expenses long term. Compensation for birth injuries cover both monetary losses, as well as intangible losses. The following damages may be available in a birth injury lawsuit:

  • Future medical treatment and care, including past and future/anticipated medical expenses
  • Additional medical costs, including: in-home care, special equipment or vehicles, home renovations to accommodate the child’s special needs, and rehabilitation.
  • Surgeries and medications
  • Temporary or permanent disability
  • Childcare assistance
  • Loss of enjoyment of life
  • Loss of society and companionship
  • Lost wages of the parent due to caring for the child
  • Your child’s pain and suffering
  • Your mental anguish
 

At Delgado Trial Attorneys, our birth injury lawyers handle claims for both mothers and children.   Our firm has substantial experience in a wide range of personal injury cases.  We have spent more than a half century fighting for the rights of the injured in every type of accident imaginable. When you hire Delgado Trial Attorneys, we guarantee to fight for your rights and your affected loved ones to the maximum extent allowed under the law, including the maximum amount of compensation you are entitled to by the at fault party(s).  Call us today at (305) 596-7911 for a free consultation and speak with an experienced Miami birth injury lawyer. Virtual sign-ups available.

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