Homestead FL Birth Injury Lawyers
Families who are preparing for the birth of a child can have their dreams devasted by a birth injury. If your child has suffered a birth injury due to medical negligence, contact the Homestead FL birth injury lawyers at Flaxman Law Group. Our compassionate father-son attorney team and family-based law firm are here to help, and we are pleased to offer a free, no obligation case consultation. Contact us today for your free consultation.
Understanding Birth Injuries and Medical Malpractice
Birth injuries can result from a variety of factors during pregnancy, labor, and delivery. While some injuries are unavoidable, others are due to improper care om the part of healthcare providers. When a healthcare provider fails to follow standard practices, it can lead to serious and sometimes lifelong consequences for both the child and the parents. In these instances, the healthcare professionals can be held liable and families me able to pursue compensation.
Common birth injuries can include:
- Cerebral palsy. This is a brain injury affecting movement and coordination, often caused by lack of oxygen during birth.
- Erb’s palsy. This is a type of nerve damage that can result from excessive pulling during delivery.
- Brachial plexus injury. This condition involves damage to the network of nerves controlling the arm. It is often caused by improper delivery techniques.
- Birth asphyxia. In this condition, a lack of oxygen to the baby’s brain during birth can result in brain damage or developmental delays. This condition may be caused by lack of proper monitoring during the delivery.
It’s important to note that any medical provider can be held liable in a birth injury case. The fault may rest with a birth doula, ob-gyn, nurse, medical clinic, hospital department, or other liable parties. If your child has suffered an injury or if you or your partner suffered an injury during pregnancy or birth, contact Homestead FL birth injury lawyers at Flaxman Law Group to find out if you have a claim.
Birth Injury Cases and the Importance of Hiring a Medical Malpractice Attorney
When a birth injury occurs, it’s important to work with a lawyer with experience in medical malpractice cases to ensure that your family receives the full compensation you need. An attorney can investigate whether the injury was caused by negligence, such as:
- Failure to monitor fetal distress.
- Improper use of forceps or other medical instruments.
- Delayed or improper response to complications during labor.
- Failure to detect and manage maternal infections or health conditions.
An experienced medical malpractice attorney will have the knowledge and resources to investigate the circumstances surrounding the birth injury, gather expert testimony, and fight for your right to fair compensation.
The Legal Process and What to Expect
If you think you may have a birth injury case, you will typically start by meeting with a personal injury attorney with experience in medical malpractice and birth injury cases. The lawyer will review the details of the case, answer your questions, and determine whether there is a valid claim. Your lawyer should also review the legal process with you, so you know what to expect.
If you decide to work with a lawyer to file a claim, your attorney will conduct an investigation and gather evidence. Your attorney will have access to resources you do not, so they can secure medical records, interview health care providers, and consult with medical experts.
If there’s enough evidence, your attorney will file a lawsuit against the responsible parties. At this stage, your attorney will work to negotiate a fair settlement with the responsible parties’ insurance companies. Medical practitioners are protected by powerful insurance companies, so you will need an attorney with strong negotiation skills.
Your attorney should be prepared to take your case to court if the insurers are not willing to offer a fair settlement. Your attorney will prepare the case (and you) for trial and will present your case before the court.
Proving Liability and Gathering Evidence for a Birth Injury Claim
Proving liability in a birth injury case involves showing that the medical professional’s negligence directly caused the injury. It is not enough to show that a medical provider made a mistake. You must be able to show that the medical provider or facility failed to provide the expected standard of care. To do this, your attorney will secure the following:
- Medical records related to the mother’s prenatal care, labor and delivery records, and any follow-up visits.
- Testimony from medical experts who can evaluate whether the standard of care was met and if the injury could have been prevented.
- Statements from other healthcare providers, nurses, and even family members who were witnesses to the care received.
Your attorney will also work with you to gather any information you may have, including anything you remember that could be useful to your case. The goal is to show that the medical provider or facility failed to act in a reasonable way that met the standard of care.
Understanding Compensation and Damages for a Child’s Birth Injury
A birth injury may mean that a child needs long-term care, therapy, and support services. In a birth injury claim, you can seek compensation for these and other costs so you can provide the care your child needs. You may be able to seek compensation for:
- Current and future medical treatments, including surgeries, medical devices, medications, hospital stays, and rehabilitation.
- Special education and learning resources, if the injury affects the child’s learning or development.
- Pain and suffering caused by the injury.
- Lost wages if parents need to reduce their working hours or take time off to care for their child.
- Incidental costs, such as the cost of at-home care or the expense associated with making your home accessible.
The amount of compensation will depend on the severity of the injury, the long-term care required, and the impact on the child and family’s life. An experienced attorney will work to ensure that all damages are accounted for, which is crucial because not getting enough compensation now can create real financial distress for your family. Securing the right financial recovery ensures you have the resources to provide the best care possible for your child.
What to Do After a Birth Injury: Seeking Medical Attention and Legal Help
If your child has suffered a birth injury, taking the following steps can help protect both their health and your legal rights:
- Seek immediate medical attention. Ensure your child receives prompt and ongoing care. Early treatment can help minimize long-term effects and give your child the best chance at healing. If you are having trouble getting a doctor to take your concerns seriously, seek a second opinion.
- Document as much as you can. Keep detailed records of all medical visits, treatments, therapies, symptoms, missed time at work, and other impacts on your life. Take photos of the injury, if you can, and ask for copies of any test results of medical records. This will be important in demonstrating the severity of the injury and its impact.
- Consult with Homestead FL birth injury lawyers. Reach out to an attorney who specializes in birth injury cases as soon as possible. Birth injury cases are time-sensitive, and an attorney can guide you through the process of collecting evidence and filing a claim. It’s also important to consult with a lawyer quickly because insurance companies may offer quick settlements or ask you to sign paperwork or make a statement. Speak with a lawyer first. A birth injury lawyer can help protect you from mistakes that could hurt your ability to secure compensation.
In Florida, it’s crucial to act as soon as possible after a birth injury. The clock starts ticking from the moment the injury is discovered or should have reasonably been discovered and you typically only have two years from that date to file a claim. If you fail to act quickly, you could lose out on the chance to secure financial recovery.
Delaying legal action can also weaken your case. Evidence may become harder to gather over time, and defendants may use any delays to argue that the injury wasn’t serious.
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Consultation with a Birth Injury Lawyer
The first step in pursuing a birth injury claim is scheduling a consultation with a birth injury lawyer. During this initial meeting, you’ll have the opportunity to discuss the details of your case, ask questions, and understand your legal options.
Your attorney will listen carefully to the details of the injury, including medical records, the birth process, and the aftermath. The lawyer will evaluate whether medical negligence played a role in the injury and assess the strength of your case. You’ll receive a clear outline of the steps involved in a birth injury claim, including how long the process may take and what you can expect along the way.
Your consultation is also your chance to ask any questions you have about the attorney’s experience, fees, and approach to handling birth injury cases.
Most birth injury lawyers offer free initial consultations, so you can discuss your case without any cost. At Flaxman Law Group, for example, we offer free, no obligation consultations. We are happy to speak to you in person, virtually, or over the phone. We can even visit your home, workplace, or hospital room if you are too injured to travel to our Homestead offices.
Choosing the Right Injury Lawyer for Your Birth Injury Case
Not all attorneys are the right fit for your claim. Here is what to look for to find an attorney who will be a champion for your child’s future.
- Experience with birth injury and medical malpractice cases. An attorney who is experienced in negotiating intellectual property or business dispute cases may not have the experience or resources to tackle a birth injury case. Birth injury cases require specific knowledge of medical malpractice laws and healthcare standards. Look for an attorney with experience in birth injury and medical malpractice claims.
- Empathy and communication. Choose a lawyer who is compassionate, listens to your concerns, and communicates clearly throughout the process. Seek out someone who explains the law in a way you understand and who cares about you and your case. Choose an attorney who replies to your emails and phone calls promptly. A good attorney should be busy, but never too busy for you.
- Resources. Ensure that your lawyer has the resources to investigate the case thoroughly and gather the necessary evidence. Your lawyer should know medical experts they can turn.
- Results. Look for a lawyer who has secured wins for past clients, including larger wins, settlements, and verdicts. This shows that your attorney is not afraid to go after larger insurance companies and is willing to take a case all the way to trial, if needed.
When selecting an attorney, be sure to ask questions, read the attorney’s web site, and find out more about the lawyer’s track record. Ask about fees upfront and ask follow-up questions if you need to. Good attorneys know that choosing a lawyer is one of the most important decisions you will make and are pleased to share information about their law firm to help you make your choice.
While you don’t want to rush into it, it’s important not to delay in hiring an attorney. Insurance companies often offer quick settlements that may not cover all future expenses. They may ask you to make statements or to sign documents. After a birth injury, you also only have so long to secure evidence and deadlines come up fast. Speak to an attorney as soon as possible to get the process started.
Get Started with Pursuing a Birth Injury Claim
At Flaxman Law Group, we make it easy to get started with a birth injury claim. In a free, no obligation consultation with an experienced birth injury lawyer. We’ll review the details of your case and advise you on the next steps. If you have experienced a birth injury or have been harmed during medical care, contact us today to schedule your free consultation.
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