Birth Injuries

Name: Birth Injuries
Brand: The Alvarez Law Firm
Rating: 4.4 (10 reviews)

Too often, the negligence of obstetricians, nurses, midwives, and other healthcare providers during delivery, labor, or pregnancy can lead to catastrophic birth injuries. Many of these injuries, such as cerebral palsy, usually hold long-lasting consequences for the child and parents.

Unfortunately, 6 out of 1,000 infants born in the US suffer serious birth injuries, such as developmental disorders, fractured bones, and neurological disorders, as per data collected by the CDC. The winning Miami birth injury attorneys at The Alvarez Law Group have successfully fought all types of birth complication and birth injury lawsuits over the years. Our dedicated birth injury lawyers in Florida have the necessary experience, knowledge, and resources to bring your case to a successful resolution.

Common Causes of Florida Birth Injuries Indicating Medical Malpractice

Birth injuries can occur for several reasons, which might constitute medical malpractice. Here are a few causes of injuries that are more likely to qualify for a successful birth injury lawsuit against negligent medical providers in Florida:

Improper monitoring of fetal heart rate
Improper use of assisted delivery devices
Failure to perform neonatal resuscitation
Improperly performed medical procedures
Delayed cesarean section when it was an emergency
Improper diagnosis or delayed diagnosis
Incorrect or improper drugs administered to the mother
Poor quality or defective delivery room equipment and devices
Not following correct medical protocol, rules, and procedures
Communication failure with the patient, caregivers, or inter-disciplinary medical professionals

Serious Birth Injuries in Florida Medical Facilities

When hospitals and delivery room doctors fail to follow proper procedures and protocols, serious birth injuries can occur. These include:

Nerve damage and paralysis can occur in both mother and baby because of negligence
Cerebral palsy is common in infants as a result of oxygen asphyxia
Brachial plexus injury usually manifests as numbness, paralysis, pain, and disfigurement in the infant’s arm
Erb’s palsy results from brachial plexus injury
Shoulder dystocia refers to a condition in which the newborn’s arm gets trapped during labor
Lack of oxygen or oxygen asphyxia can result in serious brain damage
Wrongful death may occur because of a doctor’s negligence or misinformation

Filing a Birth Injury Claim in Florida

Birth injuries fall within the scope of obstetrical malpractice or medical malpractice in Florida. Malpractice is said to occur when a delivery room nurse, physician, obstetrician, or any other healthcare provider breaches the established medical standard of care owed under the circumstances.

You or your attorney has the burden to prove injuries, damages, and negligence in these lawsuits as with all other Florida personal injury claims. A resourceful attorney may try to prove one or more of the following to establish a breach of duty by the physician:

Failing to diagnose low blood pressure, diabetes, preeclampsia
Failing to detect oxygen asphyxia or fetal distress
Failing to recommend a C-section after assessing the risks of vaginal delivery
Failing to test for serious medical conditions, including birth defects
Failing to provide accurate and thorough information about potential birth defects
Failing to prevent perineal tears by performing an episiotomy

These are a few actions that may qualify as a breach of duty:

Incorrectly inserting an epidural
Excessively tugging on the infant’s shoulder during delivery
Prescribing medication that is dangerous for the unborn child
Inducing labor at an inappropriate time

You need to prove causation as well, which refers to linking the doctor’s breach of duty to the injuries sustained. You won't have a valid claim for the newborn injuries if the doctor did not do anything wrong. Likewise, if you did not suffer any real harm, even if the doctor may have made a mistake, you won't have a valid claim. You need to show that the mistakes made by the doctor contributed to or caused the injuries suffered by the child.

Statute of Limitations for Birth Injuries in Florida

Medical malpractice cases are required to be filed within 2 years of the doctor’s error as per Florida Revised Statutes §95.11. The problem is that certain birth injuries are not as readily apparent until later in life. Fortunately, to cover such claimants, the statute of limitations begins from the day the injury was discovered or should have been reasonably discovered.

In any case, the extension doesn’t typically extend to more than 4 years from the date of the doctor’s error unless you rely on Tony’s Bill. Parents can file a birth injury malpractice lawsuit till the child turns eight under this law.

Recovering Damages Through a Birth Injury Lawsuit

Medical mistakes may leave a baby with life-threatening consequences that may be expensive and permanent. These are a few costs that can be covered through a Florida medical malpractice claim:

Hospital bills
Child’s medical expenses
Home adjustments for accommodating a debilitating lifelong condition
Pain and suffering
Childcare costs
Lost wages

Choose a Dedicated Miami Medical Malpractice Lawyer to Protect Your Rights

Errors made during pregnancy or the birthing process can quickly ruin a highly joyous occasion and turn it into a tragedy. The top-rated medical malpractice attorneys at The Alvarez Law Firm have helped numerous injured victims obtain their rightful financial compensation from negligent medical providers.

We can provide strategic and compassionate legal representation you require to hold the negligent healthcare professional accountable for your baby’s injuries. Call us today at 877-445-7675 or use our online contact form to schedule a free and confidential consultation with one of our seasoned Miami medical malpractice lawyers.