The birthing injury attorneys at the Law Offices of Anidjar & Levine are committed to helping families who suffer birth injuries caused by someone else’s negligence. We have years of experience when it comes to navigating the personal injury world, and we have recovered millions of dollars for our clients and their families. You can begin a free case review with our team today.
You can Recover the Cost of Your Birth Injury-Related Losses
Even the consequences of small mistakes during the birthing process are irreversible and can cause a lifetime of suffering. The medical expenses required to resuscitate the mother and save the baby can be exorbitant. The future medical costs to treat a child suffering from a birth defect are prohibitively expensive.
In addition to medical expenses, you could seek financial recovery for the following:
The Cost of Modifying Your Home
You may need to outfit your home with specialized equipment to accommodate your handicapped child. This could involve widening doorways, installing special flooring, and building accessible bathrooms.
Your child may need a full-time caretaker as a result of their birth injury. We can seek recovery for your lost income, as well as your diminished future earning capacity.
Pain and Suffering
Suffering complications during delivery and labor can be a traumatizing experience for both the mother and child. We can determine the value of your pain and suffering depending on the details of your case.
For a free legal consultation with a birth injuries lawyer serving Fort Lauderdale, 800-747-3733
What goes into Building a Birth Injury Case in Fort Lauderdale?
In many cases, birthing injuries are a direct result of medical negligence. Negligence during the birthing process occurs when physicians or other healthcare providers breach their duty of care to a patient. Because obstetricians are considered specialists in their field, they are held to a high standard of care.
Even if the malpractice did not cause direct harm, it may exacerbate an injury or increase its severity. So how do you prove birth injury? What does it take to strategize a medical malpractice claim or lawsuit based on negligence evidence? To build your case, our team will secure the following pieces of information.
Our Lawyers Will Get an Affidavit of Merit
To file a successful medical malpractice claim or lawsuit, a third-party healthcare provider will need to write a statement declaring that you have a valid case. However, finding someone with that type of expertise can be difficult. Yet, we can look into our network of consultants to find a doctor who can attest that you and your child were subjected to malpractice.
When you work with a children’s injury lawyer from our firm, you will benefit from all the resources we have to move forward with your case and help you and your child get the justice you need and deserve. Finding experts, having specialists testify on your behalf, or conducting deep-level investigations of the liable parties are just some of the things our lawyers can do for you.
Medical Treatment Records Are Essential for Birth Injury Cases
We will need to look at your medical records to prove various aspects of your case, such as:
- The error that led to your injuries
- Your state of health before the incident
- The date, time, and location of the error
- The details of any follow-up care you received
- Information about your patient/doctor relationship
We Will gather Testimony from Witnesses
We can interview others who were in the delivery room with you who can attest to what went wrong. We can get statements from family members, nurses, and other technicians.
We can use other types of evidence to prove your case. Be sure to keep all correspondence that pertains to your situation, as we can also use this information to back up your side of the story. Also, keep in mind that Florida Statutes §95.11(4)(b) may limit the amount of time you have to act, so consider your legal options today.
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Healthcare Providers must Provide their Field’s Standard of Care
The periods before and during birth are critical for a mother and her child. Physicians must be extremely cautious in monitoring both patients throughout the pregnancy and during delivery. The slightest error can result in serious birthing injuries that permanently affect the baby and mother.
Clinical Orthopaedics and Related Research says that to have a valid medical malpractice case, the following elements must exist:
- Your doctor had an obligation to render their field’s standard of care, meaning that you shared a patient/doctor relationship.
- Your doctor failed to uphold their field’s standard of care because of poor judgment, lack of skill, or negligence.
- You or your child suffered injuries as a result of the doctor’s inability to provide the necessary care.
- You have suffered losses that are financial, physical, or emotional in nature due to this error.
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Examples of Birth Injuries that Qualify for Compensation
Medical negligence can result in a wide range of birth injuries, including:
- Facial paralysis
- Skeletal fractures
- Spinal cord damage
- Cerebral dysfunction
- Intracranial swelling
- Bruising and forceps scars
- Excessive hematoma or bleeding
- Hemorrhage around the optic nerve
These conditions can be attributed to things like:
- Dilatory response to bleeding
- Negligence in remedying fetal distress
- Mistakes in identifying birth complications
- Delay in performing a cesarean section
- Improper use of forceps or vacuum extractor
- Incorrect administration of medicine to induce labor
We use cutting-edge technology and trusted medical experts to determine whether your child suffered a preventable injury caused by the negligence of others.
Cerebral Palsy and Erb’s Palsy Are Preventable Birth Injuries
Some conditions are easier to tie to negligence than others. Two examples of those conditions include cerebral palsy and Erb’s palsy. The former is a preventable injury caused by negligence. Failure to properly monitor the fetus during development and through delivery can severely damage the brain, resulting in permanent injuries that impair the child’s ability to move.
Erb’s palsy is another birth injury that impacts a critical network of nerves, the brachial plexus. Improper delivery of the baby can crush this fragile area, which is located between the neck and shoulder. Damaging this nerve center leads to permanent paralysis.
If your child suffered from any one of these conditions, they may have problems with their self-esteem, mobility, and education. Our team of birth injury lawyers in Fort Lauderdale has what it takes to prove your case and secure damages.
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Find Out How Our Fort Lauderdale Birth Injury Lawyers Can Help
If you or your child has suffered a birthing injury and need a child injury lawyer in Fort Lauderdale or surrounding areas, the Law Offices of Anidjar & Levine can help. Our firm has successfully handled all types of medical malpractice claims, helping families across Florida get back on their feet.
We understand that living with a birthing injury is hard. That is why we are dedicated to helping you obtain the compensation you deserve. Call for a free consultation or contact us online.
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