Discovering that your child has suffered a brain injury can be devastating. If your infant’s brain injury was caused by medical negligence, you may have grounds for a legal claim.
Birth injuries can take an overwhelming emotional and financial toll. A Fort Lauderdale birth injury lawyer can help you seek compensation for the harm your child suffered and hold the at-fault parties accountable.
Causes of Infant Brain Injuries
Infant brain injuries can occur during pregnancy, labor, or after birth, and they can affect a child’s cognitive, physical, and emotional development. Medical mistakes that can cause an infant brain injury include:
- Mismanaged labor or delivery: Improper monitoring or delayed responses during birth can lead to oxygen deprivation.
- Failure to diagnose or treat conditions: Conditions like jaundice or infections may cause neurological damage if left untreated.
- Medication errors: Administering the wrong drug or dosage can harm a newborn’s brain development.
- Surgical mistakes: Errors during necessary medical procedures can result in injury.
Signs of a Brain Injury in Infants
Brain injuries in infants may not always be immediately obvious. Parents and caregivers should watch for signs such as:
- Unusual lethargy or difficulty waking
- Persistent crying or irritability
- Seizures or tremors
- Feeding difficulties
- Delays in reaching developmental milestones
What to Do If Your Infant’s Brain Injury Was Caused by Medical Negligence
If a medical mistake may have caused your infant’s brain injury, the following steps can help families understand their options:
- Request medical records: Obtain complete birth and hospital records to review treatments, medications, and interventions.
- Seek independent medical opinions: Pediatric specialists can assess whether the standard of care was met.
- Keep detailed notes: Document symptoms, medical appointments, and communications with healthcare providers.
- Hire a lawyer: Our lawyers can help determine whether medical negligence caused your child’s injury.
How Do I Prove Malpractice?
To prove medical malpractice, three key elements must typically be established:
- Duty of care: The healthcare provider had a professional obligation to follow accepted medical standards.
- Breach of duty: The provider failed to meet those standards, resulting in harm.
- Causation and damages: The breach directly caused the infant’s brain injury, leading to measurable damages.
Successfully proving these elements often requires expert testimony and detailed medical records, which our lawyers can gather on your behalf.
Types of Compensation
Families pursuing birth injury claims may be entitled to various forms of compensation, such as:
- Medical expenses: You can recover the costs of past and future hospital stays, surgeries, therapy, medications, and medical equipment.
- Long-term care costs: You can seek compensation for specialized schooling, rehabilitation programs, or necessary home modifications.
- Pain and suffering: You can receive damages for emotional distress, loss of enjoyment, and the impact on your family life.
- Lost income: You can recover wages if a parent must reduce work hours or leave employment to care for the child.
Statute of Limitations in Florida
In Florida, medical malpractice claims involving infant brain injuries are subject to strict deadlines. Generally, you must file a claim within two years of the date the injury was discovered or should have been discovered. An attorney can help make sure you file your claim on time.
How a Lawyer Can Help After a Birth Injury
A lawyer experienced in infant brain injury and medical malpractice cases can provide invaluable support throughout the legal process. Here’s how they can assist:
- Case evaluation: They can review medical records and consult experts to determine whether a medical mistake caused the injury.
- Evidence gathering: A lawyer can help collect and organize documentation, including hospital records, test results, and expert opinions.
- Calculating damages: They can estimate current and future medical costs, long-term care needs, and other financial impacts of the injury to help ensure fair compensation.
- Negotiating with insurance companies: Attorneys can handle communications and negotiations to protect your family from lowball settlement offers.
- Legal representation: If the case goes to trial, a lawyer can fight for justice for your family in court.
How Long Does It Take to Settle a Birth Injury Case?
Settling a birth injury case can take anywhere from several months to several years, depending on the complexity of the injury and the evidence required. Cases involving serious brain injuries often need extensive medical evaluations and expert testimony, which can extend the timeline.
Negotiations with insurance companies can also take time, and if a fair settlement cannot be reached, the case may go to trial, which can lengthen the process even further. An experienced attorney can help move this process along while securing compensation that addresses all of your child’s needs.
Get Help from a Birth Injury Lawyer
An infant brain injury caused by a medical mistake presents one of the most challenging situations a family can face. A birth injury lawyer from Anidjar & Levine can help your family pursue compensation that supports your child’s future.
Book a free case review to discuss your situation today.
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