The birth of a newborn child is supposed to be a remarkable, fantastic, and joyous occasion. For some families – about 3% of expecting families in the U.S., to be more precise – the birthing process is painful because of injuries the child sustains during birth. Obstetricians – doctors who specialize in pregnancy and childbirth – undergo specialized training to help both mother and baby through the birthing process. But even the most qualified obstetrician is still human, and mistakes can be made. These “mistakes” can leave your child with lifelong conditions and turn what should be a cause for celebration into a sad, stressful, and anger-inducing time.
When your child suffers a birth injury, you need and want a zealous advocate on your side who will hold the obstetrician and others responsible for the damage they have done. At Kaiser Romanello, we have helped families whose newborn children have suffered birth injuries recover financial compensation to help them cope with financial burdens and losses they incur as a result of the injury. It is important that your birth injury case be brought quickly, as you lose the ability to sue for damages if you wait too long before filing your case.
WHAT IS A BIRTH INJURY?
The term “birth injury” is a catch-all term referring to any condition or injury that the newborn baby receives during the birth process. A particular birth injury may be minor or severe and may cause only temporary effects or effects that will last a lifetime. Some of the more common birth injury conditions include, but are not limited to, the following:
- Brachial plexus injuries, which damages the nerves going through the neck, shoulder, and spine. About 1 in 10 cases of brachial plexus injury results in permanent disability.
- Perinatal asphyxia, which occurs when the newborn does not receive enough oxygen or blood flow. This condition can result in symptoms like pale color, coma, and/or shock. If this condition is not remedied quickly, permanent neurological damage can result.
- Cerebral palsy, a condition characterized by weak muscles, poor motor skills and muscle spasms. There is no known cure for cerebral palsy.
Other birth injuries may include:
- Skin abrasions and irritations;
- Bruising or hemorrhages;
- Broken bones; and
- Spinal cord injuries.
WHO IS RESPONSIBLE FOR MY CHILD’S BIRTH INJURY?
Not all birth injury cases will result in compensation. Rather, only those cases in which one or more people or entities acted in a manner that was below the standard of care to be expected in your situation can result in compensation. For example, an obstetrician who followed standard medical procedures and made reasonable choices during the birthing process may not be able to be held liable for a resulting injury. However, an obstetrician who disregarded standard medical practices or subjected you to a risky procedure without good reason and/or without your consent will almost certainly be liable to you for damages.
But there may be additional individuals who played a role in your child’s birth injuries. They too can and should be held responsible. These other parties may include other doctors, nurses, and other workers who participated in some way during the birth process. The owner of the hospital may also be responsible, either for providing medical staff with subpar equipment or if one of its employees contributed to your child’s injuries.
WHAT DAMAGES CAN I RECOVER THROUGH A LAWSUIT?
Obviously, damages and financial complications cannot repair the harm caused by a birth injury. Because of this, some parents may wonder if it is worth the time and effort to file and pursue a claim for damages through a birth injury lawsuit. Almost always the answer is yes. A birth injury lawsuit can result in you obtaining compensation for:
- Past birth-related medical bills;
- Future and ongoing medical treatment costs your child may require;
- Lost wages for the parents if they must miss work to care for the child;
- Medical equipment the child may require temporarily or permanently; and
- Pain, suffering, and emotional distress.
Attorneys for the doctors, medical professionals and/or hospital will attempt to settle your claim for as little money as possible. They may even claim that your child has a birth defect (which is genetic in origin) and not a birth injury (which is caused by another’s negligence). Your Florida injury lawyer is best equipped to evaluate your case and indicate what compensation is available to you.
KAISER ROMANELLO: HIGHLY SKILLED LAWYERS
Like medical malpractice cases, birth injury cases involve a great deal of medical evidence and expert testimony in order to win. Attorneys like the birth injury lawyers at Kaiser Romanello will bring that knowledge and experience, along with experts in the field of obstetrics and other relevant disciplines to fight on behalf of your family. Contact us today to learn more about your legal options.
