Common Birth Injury Questions
Answers from Proven Miami Birth Injury Lawyers
Injuries suffered by newborns are difficult experiences for families, especially when they have reason to believe those injuries – like many birth injuries – are the result of negligent medical care. Because preventable birth injuries could and should be avoided by reasonably skillful and careful medical professionals, families have a right to explore their options for legal action that can hold health care providers accountable for their negligence, and allow them to secure the justice and compensation they deserve.
Comprised of award-winning trial lawyers who serve clients across the state of Florida, Freidin Brown, P.A. has successfully advocated for families who have been forced to deal with the often life-altering consequences of birth injuries. Over the years, we have used our more than 100 years of combined experience to help clients navigate challenging personal injury and medical malpractice cases, and have recovered millions of dollars in compensation on their behalves. While we make ourselves available 24/7 to help families that want to learn more about their rights and our services, we also know how important it is that victims have the facts they need when they are just beginning to explore their options. That’s why we have taken the time to answer some of the most common birth injury questions we receive below.
What is a birth injury?
Birth injuries refer to any injuries sustained by newborns (or mothers) during labor, delivery, and in some cases pregnancy, and they can range in severity from minor injuries that heal over time to lasting impairments, lifelong disabilities, and injuries that result in death. While some birth injuries are not preventable, many can be avoided if not for the negligence of doctors, nurses, or other health care professionals who fail to meet their duty of care.
What are some examples of birth injuries?
There are numerous types of birth injuries, including many that comprise the basis of birth injury lawsuits filed by victims and families. Common examples include:
- Cerebral palsy
- Bone fractures
- Facial lacerations or paralysis
- Brain damage
- Hypoxic-ischemic encephalopathy
- Preeclampsia and Eclampsia
- Injuries caused by forceps or vacuums
- C-section injuries (including delayed C-section injuries)
- Brachial plexus injuries (Erb’s Palsy)
- Shoulder Dystocia
Many of these injuries can be caused by negligent medical care, including cases of a doctor’s failure to identify or monitor serious complications, negligent use of forceps or vacuum extractors, failure to perform a timely C-section, improper use of labor-inducing drugs (including Pitocin), and other forms of substandard care.
Are birth defects the same as birth injuries?
No, birth defects are distinctly different from birth injuries in that they are present before birth (congenital). Often, birth defects are the result of genetic abnormalities (including those without medical explanation), which means families don’t typically have valid claims for compensation. However, there are some cases where birth defects may have been caused by the negligence of others, particularly in cases involving exposure to harmful substances caused by dangerous drugs or harmful materials. Those cases, unlike birth injury cases, generally focus largely on product liability laws rather than medical malpractice.
Do I have a case?
Whether or not you have a case can be difficult to determine on your own. While every case is unique and dependent upon the individual circumstances and set of facts involved, families generally have the right to pursue a birth injury case against the responsible health care providers if it can be shown that birth injuries were caused by substandard care provided by a doctor, nurse, or some other health care professional who treated patients during pregnancy, labor, or delivery. Substandard care usually arises from negligence, which is a medical professional’s failure to provide treatment or care that any other careful medical professional in the same of similar situation would have provided. Understanding negligence and whether the conduct of medical professionals in your case rises to that standard is a matter best evaluated by experienced lawyers who regularly handle medical malpractice cases.
What will a successful birth injury lawsuit provide?
Successful birth injury lawsuits are important for a number of reasons. First and foremost, they hold negligent health care providers accountable for negligent and careless acts that cause harm, and can help ensure those types of mistakes are avoided in the future through the changes hospitals and other providers often enact after lawsuits. They are also critical to providing families with a sense of justice, and to providing financial compensation for their damages – including their economic damages (for things like medical expenses, lost income, and future medical or financial needs) and non-economic damages (which cover intangible losses and emotional injuries such as pain and suffering, mental anguish, and more). Because the outcome of a birth injury lawsuit is so important to families and their futures, working with proven lawyers becomes crucially important.
Do I need a lawyer?
There are no laws requiring you to have legal representation when bringing a birth injury lawsuit, but working with a lawyer is one of the most effective ways to protect your rights and put yourself in the best position to maximize the outcome. Birth injury and medical malpractice lawsuits are known for being challenging legal cases, as they involve complex laws and very technical medical information that requires investigation, medical expert collaboration, and extensive experience to effectively build. These cases are also very expensive, since you will be required to have experts testifying in support of your case. By working with lawyers like those at Freidin Brown, P.A., you can benefit from caring and compassionate advocates who truly care about your future and making you whole, and who have the experience, resources, and connections required of these matters. We take care of everything from start to finish, and we put up all the costs and expenses associated with litigating your claim – and we are only reimbursed if we obtain a recovery for our clients. Our lawyers have a proven record in birth injury cases and are prepared to put our insight to work for you.
More Questions? Request a FREE Consultation!
Questions about your unique situation and potential case are best addressed personally with a lawyer, which is why our legal team is available around the clock to take your call. During a free and confidential consultation, we can help you better understand whether your case involves preventable birth injuries and medical negligence, as well as what we can do to protect your rights and help you fight for justice and compensation. To speak with a member of our team, contact us today.