Birth injuries can cause both emotional trauma and financial anxiety. If an injury to your newborn was caused by medical negligence, you may be entitled to compensation.
Welcoming a newborn into the world should be one of the happiest moments of a family’s life. However, when a medical mistake causes an injury during pregnancy, labor, or delivery, the situation can become distressing. A Fort Lauderdale birth injury lawyer can take on your case and help you recover damages for your child’s injury.
Common Causes of Newborn Birth Injuries
Newborn injuries can result from errors made by medical professionals before, during, or after birth. These mistakes may be the result of misdiagnosis, delayed treatment, improper medication administration, or errors during delivery. Common examples include:
- Birth asphyxia: Oxygen deprivation during birth can lead to brain damage or cerebral palsy.
- Brachial plexus injuries: Nerve damage during delivery can result in partial or permanent paralysis of an arm.
- Fractures or physical trauma: Improper handling of a newborn can cause broken bones or soft tissue injuries.
- Medication errors: Giving the wrong dosage or type of medication can have severe consequences for a newborn’s health.
When a medical professional fails to provide the standard of care expected in their field, the injury may be considered medical negligence.
Types of Birth Injuries
Some of the most common types of birth injuries include:
- Cerebral palsy
- Erb’s palsy
- Fractures
- Cephalohematoma
- Facial nerve injury
- Internal organ damage
- Hypoxic-ischemic encephalopathy (HIE)
Types of Damages You Can Claim
If your newborn suffers an injury due to a medical mistake, you may be entitled to pursue compensation. Types of damages you can claim include:
- Medical expenses: Costs for hospital stays, surgeries, medications, therapies, and future medical care may be recoverable.
- Pain and suffering: You can seek compensation for the physical pain and emotional trauma your child has endured.
- Loss of future earnings: You can pursue damages for diminished earning potential if the injury affects your child’s ability to work later in life.
- Special needs care: You can claim costs related to lifelong care, adaptive equipment, or modifications to your home that your child may require.
- Parental expenses: You can seek compensation for time spent caring for your child, including lost wages or additional childcare needs.
Who Is Liable for a Birth Injury?
Determining liability in a birth injury case can be difficult, as multiple parties may be responsible for your newborn’s injury. Potentially liable parties include:
- Obstetricians and delivery doctors: If a doctor fails to provide proper care during pregnancy, labor, or delivery, they may be held responsible.
- Nurses and medical staff: Errors in monitoring, medication administration, or newborn handling can contribute to injuries.
- Hospitals and medical facilities: Hospitals can be liable for staff negligence, inadequate equipment, or unsafe protocols.
- Anesthesiologists: Mistakes in administering anesthesia during labor or delivery may harm the newborn.
- Midwives or other birth attendants: Negligence by licensed midwives or birthing assistants can also lead to an injury.
In many cases, multiple parties share responsibility, which is why thorough investigation and expert testimony are crucial to building a successful claim.
How Do I Prove Liability?
Medical malpractice occurs when a healthcare professional deviates from accepted standards of care, resulting in harm. Proving a medical malpractice claim related to a newborn injury generally requires establishing:
- Duty of care: The medical professional owed a duty to provide proper care during pregnancy or delivery.
- Breach of duty: The professional failed to meet the standard of care.
- Causation: The breach directly caused the newborn’s injury.
- Damages: The injury resulted in measurable harm, such as medical expenses or long-term disability.
How a Birth Injury Lawyer Can Help
A lawyer specializing in medical malpractice cases can be invaluable after your child suffers a birth injury. Here’s how they can assist:
- Case evaluation: A lawyer can review your medical records to determine whether negligence likely occurred.
- Expert consultation: They can connect you with medical experts to establish the standard of care and causation.
- Documentation and filing: Lawyers can handle complex paperwork and ensure your claim meets all procedural requirements.
- Negotiation and litigation: They can negotiate with insurance companies for fair compensation or take the case to court if needed.
An experienced attorney can greatly increase your chances of obtaining the compensation your family deserves.
What to Do If an Injury to a Newborn Was Caused by Medical Negligence
After a newborn injury potentially caused by medical negligence, families may consider taking the following steps:
- Seek medical care: Ensure your child receives medical treatment to prevent further complications.
- Document everything: Keep detailed records of all medical visits, treatments, and any observed symptoms.
- Consult a lawyer: Early legal consultation will help protect your rights and ensure the timely filing of your claim.
- Avoid discussing the case publicly: Statements made online or to insurance companies can complicate your claim.
Consult a Birth Injury Attorney Today
A birth injury caused by a medical mistake can be devastating, but you have the right to take legal action. A birth injury attorney from Anidjar & Levine can take on your case, gather evidence to prove liability, and give your family the best chance to obtain the compensation you deserve.
Schedule a free case review to find out how you can get justice for your child.
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