Many birth injuries are preventable with appropriate medical care. Serious harm usually involves the nervous system and the failure to get adequate oxygen to the brain of the baby and/or the mother during delivery. Severe birth injuries can be caused mechanically, such as the improper use of forceps on the baby’s head as the doctor attempts to pull the baby through the birth canal. Failure of the doctor to control the mother’s diseases, such as high blood pressure, diabetes, or eclampsia, can cause birth injuries as well.
Perhaps the most tragic causes of severe or fatal birth injury are those that are preventable. Medical malpractice (doctor error, nurse mistakes) is one of the most common causes of birth injury. Doctors or nurses can fail to recognize warning signs, use too much force during birth, give wrong drug dosages, or fail to timely perform a c-section when there is evidence of fetal distress.
Many children who are victims of birth injury often will grow up living with a permanent disability such as Cerebral Palsy or Erb’s Palsy. Our law firm has had the privilege of recovering millions of dollars for these families in need. Let us help yours.
Birth injuries are not always obvious at the birth. Often the diagnosis of Cerebral Palsy or Erb’s Palsy is not recognized by parents or doctors until years later, when the child fails to meet developmental milestones. Often when an attorney is contacted it is too late to bring a lawsuit. Florida has strict time limitations as to when a medical negligence claim must be brought. If you suspect your child may have been injured during delivery DO NOT WAIT. Call us now at 1-888-888-3773.
What Remedies Are There for Parents Whose Baby Has a Severe Birth Injury?
Legal action can be taken by the parents of a baby who suffers a severe birth injury, but an experienced birth injury attorney will be needed to evaluate their case. Our attorneys at Diez-Arguelles & Tejedor are experienced in reviewing prenatal, delivery, and newborn medical records, along with experienced and credentialed medical professionals who serve as consulting experts.
Together we determine the basis for a law suit, as well as the likely defenses that will be asserted by the medical professionals. Unfortunately, many doctors and hospitals will argue that the birth injury is almost always caused by circumstances beyond their control, such as blaming the mother for not taking better care of her, with regard of how these defenses are cruel and totally unsupported when compared to current medical research.
With proper documentation and expert support, parents can sue those responsible for their child’s birth injury and potentially obtain monetary damages that can serve to cover the long-term costs of medical care and treatment that their baby will need. Additional monetary damages may be available for their own personal losses as well.
If your child has been injured or died due to a birth injury, there is a legal deadline for filing these lawsuits, so call NOW toll free 1-888-888-3773. The consultation and call are FREE.