The birth of a child is an exciting time for new parents, but unfortunately, there is always a risk of birth injuries. Some of those injuries may be unavoidable, but others directly result from a medical professional’s failure to uphold their duty of care throughout the birth. For example, suppose a medical professional acts negligently or recklessly either during birth or the pregnancy, and their behavior leads to an injury. In that case, the family may have the right to seek compensation for the many damages — financial, emotional, and physical — that they have suffered as a result.
As you can imagine, taking the necessary steps to initiate this action can feel difficult or impossible following a birth that resulted in injuries or death. Partnering with an attorney to navigate this process is one of the best ways to get the legal support that you need while taking the time to focus on recovering from this traumatic and difficult experience.
Contact 1-800-Injured Now To Connect With a Birth Injury Lawyer in Miami
1-800-Injured is an attorney and medical referral service. After a personal injury such as a birth injury, thinking about taking the time to reach out to Miami law firms in the hopes of finding an available lawyer can be overwhelming. That is why many people go through an insurance claim on their own, which often results in them receiving far less compensation than they rightfully deserve. 1-800-Injured will connect you with a birth injury attorney in Miami for a free consultation so that you can stay focused on your own needs while we go through the first steps of finding an available lawyer who is ready and willing to take your case.
Once connected with an attorney, you can look to the future with a clear understanding of your legal rights and options. You can stay confident knowing that a proven professional is fighting diligently to get you the justice you deserve.
Common Birth Injuries
The following are just a few of the most common birth injuries that result in civil actions such as settlements and lawsuits. Whether or not you see a birth injury that applies to you listed below, contact us as soon as possible to connect with an attorney and discuss your unique situation with an experienced professional.
Brain Injuries
The brain is susceptible to a range of injuries that can include bleeding in the brain and in a variety of other areas, such as where spinal fluid is produced or bleeding between the brain and skull. In addition to the potential for bleeding, there is a significant risk of brain damage due to oxygen deprivation during labor. Loss of oxygen can lead to both mental and physical issues and can be fatal if not resolved in a timely manner.
Brachial Plexus Injuries
The brachial plexus is the bundle of nerves that run from the brain to the upper extremities, i.e., the shoulders, arms, and hands. Damage to these nerves can happen due to compression, torsion, or pulling, all common risks during the delivery process. If the nerve is not completely torn, mobility problems with the arms and hands may recover over time, but a complete tear may lead to permanent loss of use of the arms or hands.
Spinal Cord Injuries
The spinal cord houses nerves essential for sending signals between the brain and the lower body, including motion, sensation, and control of bodily functions. During the delivery, the baby’s spine may be pulled, twisted, or compressed in a way that can damage these nerves and may lead to either partial or complete paralysis. These injuries are commonly caused by the improper application of pressure or force by a professional during the birthing process.
Bone Fractures
Large babies or breech births are both at higher risk of bone fracture injuries due to additional compression issues. Babies have many more bones than adults since a significant number of bones fuse as they grow, meaning that more bones may be fractured during the delivery.
Internal Organ Injuries
Internal organ damage is much less common than the aforementioned injuries but is a threat nonetheless. When the internal organs are damaged, there may be widespread internal bleeding or damage to the kidneys, liver, and other essential organs that can lead to additional complications.
Calculating Damages After Birth Injuries
No amount of money will erase a birth injury, but the reality is that you should not have to take on the financial burden of someone else’s medical decisions that led to the injury. Personal injury claims focus on two distinct categories of compensatory damages: economic damages and non-economic damages.
Economic Damages
Economic damages focus on seeking compensation for repercussions that have measurable dollar values such as additional medical care for both the mother and child and the cost of ongoing care or any impacts on the parents’ earnings as a result of the injury. These are just a few of the many different economic damages that victims may suffer. Working with an experienced personal injury attorney is one of the best ways to ensure that each of these important impacts is accounted for before agreeing to a final settlement or determining to move forward with a lawsuit in the Florida courts.
Non-Economic Damages
Non-economic damages are the other side of the same coin in that they seek to compensate for measurable damage but differ because they focus on quantifying and compensating for effects that do not have measurable dollar values associated with them. For example, the intense trauma of a dangerous and injurious birth will likely have long-term psychological and physical impacts on the child and the parents. A personal injury attorney will work to calculate a fair amount of money to account for said trauma. This is just one of many possible non-economic damages that your attorney will work to identify, quantify, and then calculate before negotiating aggressively to ensure that you get the money you are rightfully owed for your experience with this avoidable birth injury.