You have waited nine long months to see your baby’s face. Nothing should ever take the joy of that monumental moment away from you. Unfortunately, sometimes the unexpected happens. Sometimes the delivery goes wrong and your child suffers injuries. While nothing can ever take this memory away, a Fort Lauderdale birth injury lawyer can help you seek justice for your baby.
At Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. we are dedicated to delivering the best service imaginable Fort Lauderdale families. If you need help recovering compensation for your child’s birth injury, give us a call now for a free and completely confidential consultation: (954) 524-2820.
Expectant mothers may have to deal with the potential for a number of birth injuries on their big day. Oftentimes these injuries to your newborn are only temporary and will heal over time. Sadly, other times, they can become permanent.
Here is a brief list of some of the potential birth injuries expecting mothers should be aware of:
Cerebral palsy affects muscle control, reflexes, posture, and movement. It is the result of brain damage, often caused by oxygen deprivation, before or during birth.
Brachial plexus injury occurs when the nerves connecting the arm, shoulder, and hand to the spinal cord stretch, compress, or tear. This can lead to an inability to use certain muscles in the injured arm.
Erb’s palsy is a form of brachial plexus palsy that can cause infants to lose feeling and experience weakness in the upper arm. In some cases, it can lead to complete paralysis in the arm as well.
Shoulder dystocia is when the baby’s shoulders become trapped behind the mother’s pelvic bone. This injury can cause brachial plexus injuries, maternal hemorrhaging, and lacerations.
We know that if you experienced any of these traumatic birth injuries, nothing we can say or do will fix the pain you are experiencing. But if you need a helping hand to get you through this period of time, and work to get you the compensation that you need, we here at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. are here for you.
In most cases, birth injuries are simply unavoidable tragedies and no one is at fault. However, in some cases, your doctor could be responsible for injuries to you or to your newborn.
Proving this can be a tricky endeavor though, as you will need to prove several key factors in order to get fair compensation.
You see, because of how the law works, the mere existence of an injury after your birth is not enough to constitute a valid claim against your physician for medical malpractice.
To have a valid claim for a medical malpractice lawsuit, you will need to prove the following:
Establishing this relationship is usually pretty easy. If you have medical records that show the medical provider in question was, in fact, in charge of your care, you have a valid relationship.
Every medical professional, regardless of the field, must operate under a standard of care. This standard of care is the adequate level of attention and care that a “reasonable” person would have used in the same situation.
This is often the most difficult to prove. You will likely need the help of a medical expert witness to prove that your doctor deviated from the industry’s accepted standard of care.
The attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. can get you in touch with a qualified expert witness to help prove your case.
You must also prove that the doctor’s actions were a direct cause of your baby’s injury. If the doctor did everything right and your baby still suffered injury, your doctor is not liable for your baby’s injury.
Lastly, you must be able to prove damages. This means you must prove that the doctor’s negligence caused you harm.
Each of these steps is crucial in a medical malpractice case; you must prove all of them together for your lawsuit to hold any weight.
No violation of duty of care? No case.
No causation? No case.
No damages? No case.
Every aspect is important. And that is why you need a dedicated team of people who make it their mission to work to get you all the help and compensation you need.
Depending on the birth injury, you may be in for a lifetime of high costs, such as:
If you are able to prove negligence, you may be eligible to recover these damages and more.
In Florida, the statute of limitations for a birth injury varies based on the circumstances and who incurred the injury.
Per Florida Statute § 95.11, you have two years to file a claim for medical malpractice.
However, regardless of when you discover an injury, the statute of repose (i.e., absolute deadline) restricts any action after four years have passed — unless the negligent party injured a minor.
The statute continues, “… this 4 year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.”
This means if your child experiences an injury related to his birth, you have until he turns eight years old to file a medical malpractice case again the health practitioner who caused it.
Knowing these regulations can be tricky and a daunting task for parents who have no prior legal knowledge.
That is why it is important for you to get the right representation in a situation like this.
Here at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. in Fort Lauderdale, you are more than just a name to us. We care about your experiences. We care about your injuries. We care about you and your family. And we care about getting you the help you need to recoup your losses as much as possible.
We know your rights and we know how the law works. With our experience, compassion, and determination to provide you with the most help possible, we promise that we will get you the compensation you deserve in your time of need.
So if your baby suffered a traumatic birth injury and you need help to bring a case against a negligent doctor or hospital, give us a call today, and let us show you how we can help. Contact us at (954) 524-2820.