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Provider's breach of the duty of care caused your baby's injuries. They may also obtain the employment records of the medical professionals mentioned in a birth injury lawsuit, which can help show if there have been previous complaints against these professionals. Every birth injury lawsuit must be evaluated on a case-by-case basis. NICA would also pay for all medically necessary and reasonable expenses over the child's lifetime. Traumatic birth injuries are caused by inexperienced or incompetent healthcare providers. Can I Sue for a Birth Injury in Florida? | Florida Birth Injury Attorney. Forceps use decreases the risk of fetal distress and oxygen deprivation; however, improper use can cause nerve damage to the chest and neck as well as less severe head injuries. There is any number of issues that may arise that no one would expect, no matter how advanced the technology leading up to and during the birth.
Mothers can also become victims of a doctor's negligence or poor care. Visit our attorney directory to find a lawyer near you who can help. You should file a lawsuit as quickly as possible after a birth injury because you do have a limited time to do so. Special considerations can be made because birth injury cases usually involve infants, and the injuries may take some time before becoming apparent. Damage to the nerves can lead to conditions like facial paralysis or Klumpke's palsy. The use of forceps or vacuum extractors during delivery increases the risk of birth injuries. Costs for disability. Can you sue a hospital for traumatic birth date. What Maternal Injuries Can Occur During Childbirth? At this point, a medical expert will assess what was done during the delivery process in comparison to what a similarly skilled health care provider should have done based on the information that was reasonably available at that time. How Does the Statute of Limitations for Birth Injury Vary by State? Under the Florida Statutes, if your child meets ALL of the following criteria, then they may be eligible for the NICA program: - The child must have been born in a hospital in the state of Florida. Your medical malpractice attorney can pursue a lawsuit on your behalf against the healthcare personnel who may have caused the complications. Clavicle (collarbone) fractures are the most common. Yes, your doctor will be aware when you file a NICA claim.
Learn more by connecting with a member of our team at (855) 939-1882. Ready to discuss your case? The child's disability or death was not caused by genetic or congenital abnormality and was the direct result of their physician's potentially negligent actions. Occupational therapy. The first thing to understand is that if medical malpractice played a role in the birth injury, you are eligible to recover damages not only for your child's injury but for yours as well. Cephalopelvic disproportion. If your baby developed a birth defect because of a prescribed medication, you may be able to file a lawsuit to claim compensation. South Carolina Birth Injury Attorneys | Trauma. Many birth injuries lead to permanent complications that require expensive treatments and special accommodations, which can put financial strain on the child's family. Or, damage to the lower nerves can lead to Klumpke's palsy, where the child loses motion in the wrist and hand. Should your case proceed to court, you can expect it to take months or years, especially to get the highest level of compensation. Talking together with experts to research the potential damages that resulted from you or your child's injury will be used to evaluate how much to settle for. By examining medical records and interviewing hospital staff, we expose failures on the part of nurses and other healthcare personnel. Of those, some birth injuries are unavoidable and, in the long term, harmless.
You will have the burden of proving the elements of malpractice by a preponderance of the evidence. Mothers may also be harmed if doctors leave disposable medical supplies or medical equipment inside them after a cesarean section. Suing Health Care Providers for Birth Injuries. Birth injuries refer to harm a baby experiences during labor and delivery, or shortly after. While birth injuries and fatalities are much less common thanks to advancement in medical technology, they do still happen at a surprising rate—sometimes because of a preventable mistake or medical negligence. Can you sue a hospital for a traumatic birthing experience. After pregnancy, there is still a chance medical negligence can occur if the doctor fails to: - Control blood loss. Birth Injury FAQ: Common questions and answers about birth trauma. To file a claim in this difficult landscape you should know what signs of negligence can look like. At The Cochran Firm Cleveland, we provide aggressive and dedicated representation for our clients who have suffered traumatic injuries due to substandard medical treatment. There are 10 common injuries children can experience due to medical malpractice.
Forceps may apply excessive pressure on the baby's face, injuring the facial nerve. For this reason, medical professionals or hospitals have special types of insurance and laws that protect them against lawsuits. The spinal cord may be bruised, partially torn, or completely torn (this is called transection), and the severity and location of the injury will determine if the child is completely paralyzed. Excessive pulling, twisting, or stretching of these nerves can lead to Erb's palsy. You could be eligible to recover the following damages — and more — for a birth injury that affects the mother: - Both your and your child's current and future medical expenses. Can you sue a hospital for negligence. They will likely be anticipating the filing of a NICA petition.