Did your baby sustain an injury during pregnancy or delivery? Was it due to the doctor’s negligence? If so, contact the Tampa personal injury attorneys of Jurewitz Law Group Injury & Accident Lawyers so we can review your case and determine who we can hold liable. You might be entitled to financial compensation for your baby’s injury and the expenses you incur from necessary treatment.
Birth injuries commonly occur when a medical provider makes an error while caring for the mother and baby. It’s the doctor’s responsibility to diagnose medical conditions, detect potential risks, and create a plan for safe delivery. Various mistakes can increase the likelihood of an injury and lead to long-term complications for your child. Some forms of medical negligence could even cause physical or mental disabilities that negatively affect your baby’s development.
You won’t have to go through this traumatic experience alone. Jurewitz Law Group Injury & Accident Lawyers can represent you in your case and guide you through the complicated legal process. We will investigate the incident to determine who was at fault and obtain the available evidence to prove that you deserve compensation. We will remain by your side and fight for the justice you and your baby deserve.
Our birth injury lawyers in Tampa, FL, are ready to speak with you about your case. Call us at (813) 605-1100 today for your free consultation and learn more about our legal services.
Common Types of Birth Injuries
Various situations can lead to a birth injury, and those injuries can range from minor to debilitating. Some are life-threatening and could result in the baby’s death without prompt and adequate treatment.
The most common birth injuries caused by medical errors include:
- Brain damage
- Spina bifida
- Breech birth injuries
- Cystic fibrosis
- Oxygen deprivation
- Shoulder dystocia
- Damage to blood vessels and tissue
- Facial paralysis
- Cerebral palsy
- Spinal cord injuries
- Broken bones
- Erb’s palsy
- Placental abruption
If your baby sustained an injury from the list above or another medical condition due to a doctor’s negligence, reach out to Jurewitz Law Group Injury & Accident Lawyers immediately. You should not hesitate to seek legal representation and start preparing a case to bring against the at-fault party. Strict deadlines could prevent you from recovering the money owed to you if you don’t begin the legal process on time.
Common Signs of Birth Injuries
Some birth injuries are apparent right after delivery. You might notice a physical injury or signs that seem alarming. Common signs of birth injuries that can appear shortly after you give birth include:
- Bulging head
- Trouble breathing
- Excessive drooling
- Light sensitivity
- Blue or pale appearance
- Difficulty eating or swallowing
- Broken bones
Sometimes, birth injuries aren’t visible. You might not realize the doctor’s error harmed your baby until they reach specific ages and seem to fall behind in development or growth.
Warning signs that could start in the later stages of a child’s development include:
- Inability to eat or swallow
- Poor reflexes
- Speech difficulties
- Undeveloped or underdeveloped motor skills
- Issues with vision or hearing
- Inadequate growth or weight gain
- Trouble walking
- Never smiles or laughs
- Inability to solve simple problems
- Issues with coordination or balance
If you notice that your baby exhibits any unusual symptoms after childbirth, you should take them to the doctor immediately. A doctor could examine them and diagnose the injury or medical condition.
Jurewitz Law Group Injury & Accident Lawyers can seek compensation on your behalf while you get your baby the treatment they need. You face a devastating ordeal and should put all your attention and energy into your child’s health and future. You can count on us to deal with the legal aspects of your case, so you’re not burdened by deadlines, state laws, and settlement negotiations.
Common Causes of Birth Injuries
A doctor must monitor the mother and baby during pregnancy to keep them safe and prevent potential issues from causing injuries. The medical team should review the woman’s medical history and determine whether any risk factors could complicate labor and delivery.
The most common causes of birth injuries include:
- Failing to thoroughly monitor the baby and mother’s health during pregnancy
- Inadequate or lack of prenatal care
- Complications from mishandling a premature delivery
- Delayed Cesarean section
- Administering labor-inducing drugs unnecessarily
- Using vacuum extraction or forceps incorrectly
- Prescribing medications that cause adverse reactions with another drug
- Twisting or pulling the baby too hard during delivery
- Failing to identify risk factors that could cause a difficult delivery
- Failing to detect fetal or maternal distress
- Misdiagnosing or failing to diagnose an illness or injury
At Jurewitz Law Group Injury & Accident Lawyers, our Tampa birth injury lawyers believe in fighting for the rights of children. Your baby can’t speak for themselves. It’s your job to be their advocate, and we are here to help.
Common Defective Medical Devices in Birth Injury Cases
Your doctor might not be at fault for your baby’s injuries. Healthcare professionals use various tools, equipment, and devices to monitor an expectant mother during pregnancy and to help deliver the baby. Defects can exist in medical devices that cause them to malfunction. Injuries and fatalities can occur despite the doctor using the tools as intended.
Common medical devices in birth injury cases include:
- Extraction devices
- Gloves, masks, and other personal protective equipment
If the doctor didn’t know about the dangers of using a specific device or equipment, the manufacturer might be liable for the injuries. Common manufacturer errors that can result in a defective product include:
- Incorrectly installing a part
- Poorly designed device
- Knowingly using toxic materials to construct the tool
- Assembling equipment using faulty screws or bolts
- Marketing the device as safe for use despite research uncovering potential complications
- Failing to include adequate warning labels on the product, so doctors and patients are aware of the risks
Doctors must warn their patients of the potential dangers of a drug, procedure, or device they use. Expectant mothers should know about common side effects, complications, and injuries that could occur so they can make an informed decision regarding their birth plan. If a medical provider hides the risks, they could be at fault for the birth injury.
Compensation for Birth Injuries
You could file a medical malpractice claim against the negligent doctor who caused your child’s injury. Proving fault in cases like this can be challenging. You must have substantial evidence showing that a medical error contributed to your baby’s injury or death.
The compensation you receive might compensate you for losses, such as:
- Medical expenses
- Pain and suffering
- Lost wages
- Lost earning capacity
- Emotional distress
- Out-of-pocket costs
- Loss of enjoyment of life
If the insurance company denies your claim or offers an insignificant settlement, you could file a lawsuit. You might recover punitive damages from the defendant. To receive this form of compensation, you must show clear and convincing evidence of the defendant’s gross negligence or intentional misconduct.
You could pursue a wrongful death case if your baby died from a fatal birth injury. If someone’s negligence caused their death, you could pursue compensation for losses like these:
- Mental pain and suffering
- Medical bills related to the injury
- Funeral and burial expenses
- Loss of companionship and love the child cannot provide
At Jurewitz Law Group Injury & Accident Lawyers, we know that no amount of money can make up for the pain you endured since your baby’s death. We understand your grief and the difficult journey you face while coping with what happened. You can expect us to treat you with compassion and handle the sensitive nature of your case with care. We will work hard to prove that the negligent doctor should be liable and try to resolve your case favorably.
Statute of Limitations for Birth Injuries
You must file your lawsuit by a specific deadline if you want to seek compensation for your baby’s injury. Florida has a statute of limitations that allows two years for medical malpractice cases. That means you have two years from the date of the incident to initiate your lawsuit against the at-fault party.
There are times when the signs of a birth injury aren’t immediately apparent. You might not realize that malpractice occurred until months or even years later. Even if the statutory period has already elapsed, you might be able to file your lawsuit anyway.
You must file within two years of the date you discovered or should have discovered by exercising due diligence that an injury resulted from a medical error. However, you cannot pursue a lawsuit more than four years from the date of the incident. To determine the filing deadlines in your particular circumstances, call Jurewitz Law Group Injury & Accident Lawyers for help.
Jurewitz Law Group Injury & Accident Lawyers have decades of experience handling medical malpractice cases involving birth injuries. We understand the toll an injury like this can take on you and your family. Your child should not suffer the consequences of someone else’s wrongdoing. Our team is ready to battle the insurance company or at-fault party’s defense attorney for the maximum possible compensation.
Our Tampa birth injury lawyers take cases on contingency. That means we don’t expect upfront payment of our legal services. We understand the burdens you face and won’t add to your financial strain. We don’t collect any fees or costs unless we recover compensation for our clients. If we lose your case, you will never owe us anything for representing you.
If your baby suffered a birth injury due to someone’s negligent actions, call Jurewitz Law Group Injury & Accident Lawyers at (813) 605-1100 for your free consultation.