How a Lawyer Can Help After Birth Trauma

Infants and mothers can both be seriously injured during birth. Some of those injuries can be long-lasting, causing devastating harm. When a birth injury occurs, the at-fault medical provider needs to be held responsible. A birth injury lawyer can be a valuable resource for families who believe their child was harmed due to medical negligence during delivery.

Your experienced Tampa birth injury lawyer can help you determine if you have a valid medical malpractice claim and gather evidence that will be used to support your claim while communicating with medical professionals and insurance companies on your behalf. Finally, your birth trauma lawyer can negotiate with the insurance carriers for a settlement or take them to court.

Areas We Serve

Our lawyers for birth injuries are based in Tampa; however, we handle cases against medical professionals throughout the state, including in the following cities:

  • Clearwater
  • St. Petersburg
  • Ft. Lauderdale
  • Bradenton
  • Key West
  • Brandon
  • Orlando
  • Sarasota
  • Boca Raton
  • Lakeland
  • Naples
  • Fort Myers
  • Cape Coral
  • Miami
  • West Palm Beach
  • Jacksonville

Understanding Tampa Birth Injury Lawsuits

Filing a birth injury lawsuit requires you to prove certain elements, including negligence and damages. These cases can be complex, so it’s important to work closely with a birth injury lawyer who knows Tampa medical malpractice laws and can use them to support your claims. Very specific laws apoply to these claims and they were designed bythe lawmakers to give negligent health care providers certain protections and benefits to make suing them difficult, expensive, and time-consuming.  It is virtually impossible for someone who is not a lawyer and who does not have experience in medical malpractice cases to navigate the laws protcting negligent healthcare professionals and to successfully bring a claim.

Proving Negligence in a Birth Injury Claim

An essential part of your case is establishing what a reasonably careful medical professional would have done under similar circumstances had he or she exercised the prevailing professional standard of care. Expert witnesses specializing in obstetrics or neonatology are required  testify on the appropriate standard of care and how it was breached in your case.  Indeed, affidavits from appropriate experts are required to even begin a medical malpractice case.

Examples of negligence by a medical professional in a birth injury case include, but are not limited to:

  • Missed or delayed diagnosis of pre-eclampsia or fetal distress
  • Improper usage of instruments causing facial paralysis, nerve damage, or skull fractures
  • Misapplying forceps or using them when not medically necessary
  • Failure to order a timely cesarian section (C-section)
  • Excessive force during delivery (often injuring the brachial plexus)
  • Administering the wrong medication
  • Failing to monitor the mother’s response to medication
  • Anesthesia errors during birth or C-section
  • Inadequately monitoring the baby’s heart rate
  • Failing to monitor the mother for excessive bleeding after delivery
  • Failure to diagnose hypoxia, spina bifida, or cerebral palsy
  • Failure to refer to a high-risk pregnancy specialist

Who Can Be Liable in Birth Injury Claims?

In birth injury claims, liability can extend beyond just doctors. Potentially responsible parties can include:

  • Doctors: Obstetricians, pediatricians, and any doctor involved in prenatal care, labor, and delivery are primary parties.
  • Nurses and Midwives: Nurses and midwives who fail to properly monitor the mother and baby, misinterpret vital signs, or make errors during delivery can be held liable for negligence.
  • Hospitals and Medical Centers: Hospitals can be held vicariously liable for the actions of their employees under the legal doctrine of respondeat superior. Additionally, if the hospital itself is negligent in procedures, staffing, or maintenance of equipment that contributes to the birth injury, they may be liable.

An experienced birth injury lawyer can evaluate your situation and identify the liable parties to maximize your chances of securing compensation for your child’s injuries.

Damages in Birth Injury Cases

You can get compensation if your child or the mother are injured by medical negligence. There are multiple types of damages you can get, including:

  • Economic Damages – These are out-of-pocket expenses such as medical bills, lost wages, loss of earning capacity, and more. They compensate you for monetary loss.
  • Non-Economic Damages – These intangible losses are available to victims who suffer permanent injuries and include loss of enjoyment of life, pain and suffering, and mental anguish.
  • Wrongful death — If a loved one died due to complications from a birth injury, you could be compensated for your loss.

Has Your Child Sustained a Birth Injury in Tampa? Call WMW Today

When you welcome a child into the world, you should do so with joy. You should not be afraid of how the future will unfold for them after a serious birth injury.

The experienced Tampa birth injury lawyers at WMW understand what you’re facing. We will compassionately guide you through the aftermath of a birth injury and handle the legal issues while you focus on your child’s recovery.

 

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