Birth injuries are the most tragic. Birth should be a joyous event for everyone involved. When accidents and negligence cause a birth injury, it is scary and traumatic, leaving the health and wellbeing of the newborn in the balance. The devastation that may result in unimaginable.
If you suspect your child or a loved one has suffered a birth injury, contact Hersh Kirtman Injury Law today. Our Boca Raton birth injury attorneys can review your case and help determine if you have a claim to hold the responsible providers accountable.
Common Birth Injuries for Babies in Boca Raton, FL
Children are very vulnerable during delivery. The transition from the womb to the greater world is full of risks and complications. Fortunately, competent medical professionals should spot problems and deploy proven solutions. Sadly, some doctors and hospitals are negligent.
We have helped families whose child has suffered from:
- Fracture. A baby can suffer a broken bone during a rough delivery. Clavicle fractures are common when a baby is born breech and a doctor tugs on the child aggressively.
- Forceps injury. Rough use of the forceps can cause bruising on a child and possibly nerve damage.
- Brachial plexus injury. Nerves in the shoulder and arm can be injured during delivery, causing weakness and pain in the child’s arms and hands.
- Epilepsy. A child can develop seizures due to trauma or infection suffered during labor.
- Hypoxic ischemic encephalopathy. Deprivation of oxygen or blood can lead to brain damage, which requires an immediate response to halt the progression.
- Facial paralysis. A child’s facial nerves can be damaged during delivery, which can result in paralysis.
- Caput succedaneum. A child can suffer swelling under the scalp due to trauma during delivery.
Some injuries, such as most fractures, should heal if treated properly. Other injuries, including brain injuries due to oxygen deprivation, could result in a lifetime of learning disabilities. Looking for a well-experienced Boca Raton birth injury lawyer? Call us today for a free case review.
Common Birth Injuries to Mothers
Babies are not the only ones who can be injured. Indeed, the CDC reported that in 2020 861 women died due to maternal causes, and thousands more were injured. Often, doctors fail to treat rising blood pressure, or they end up nicking a vein or artery during delivery which causes uncontrolled bleeding which goes undiagnosed by the doctor until the mother’s blood pressure drops to a dangerously low level.
These injuries can be fatal. Even if a mother survives, she might need to undergo additional emergency surgery to treat conditions, or she could suffer a stroke or heart attack. Contact our birth injury attorneys in Boca Raton for legal assistance. We are dedicated to fighting for your rights.
When Is a Birth Injury a Result of Medical Malpractice?
After a birth injury occurs, parents, understandably, may feel devastated that their child has had to suffer so soon in their lives. Unfortunately, it is not always easy to determine whether someone can be held legally responsible for the resulting harm. While there are risks with any medical procedure, problems do not always indicate the existence of medical negligence in a case. However, if your child’s injuries were caused by a preventable mistake, you may be able to recover damages in a medical malpractice claim.
Some examples of medical malpractice that can lead to a birth injury include any of the following:
- Improper training of hospital staff
- Failure to monitor fetal vitals
- Insufficient oxygen levels
- Improper medication of the mother
- Improper use of hospital equipment
- Failure to follow delivery procedures
If you believe that medical negligence is to blame for your child’s birth injury, you have the right to seek justice. Contact our birth injury lawyers at Hersh Kirtman Injury Law to discuss the facts and circumstances of the injury. Our attorneys can assess whether it makes sense to pursue a medical malpractice claim.
Florida Birth Injury Laws
If your baby was harmed during birth due to the negligence of a medical provider, the law affords you the right to seek justice against the wrongdoer accountable in a medical malpractice claim. Our attorneys are well versed in Florida’s medical malpractice laws as they apply to birth injury cases. We have the knowledge, experience and compassion to guide you through this complex process.
Statute of Limitations
In Florida, birth injury victims must file their claims within a certain time frame decided by the state. This time frame is referred to as the statute of limitations. For medical malpractice birth injury cases, that statute of limitations can be found at Florida Statute § 95.11(4). This statute of limitations gives victims of birth injury victims up to two years from the date the suspected malpractice was discovered or reasonably should have been discovered. However, children harmed in a birth injury can file without their parents also being listed as plaintiffs any time before their eighth birthday.
Call Our Well-Experienced Boca Raton Birth Injuries Attorneys for Legal Help
Birth injuries have many causes, including poor training, understaffing, and overcrowding of hospitals. To bring a malpractice claim for a birth injury, you need a legal team with proven results. Hersh Kirtman Injury Law can step in and gather all necessary evidence to determine if you have a valid claim. Our medical malpractice lawyers in Boca Raton can also file a lawsuit, if necessary, to get the compensation you need. Contact us here or give us a call at 561-208-3700 today to schedule a free consultation.
LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
September 10, 2024
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
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