Fort Lauderdale Birth Injury Lawyer
The most common birth injuries in Fort Lauderdale resulting from medical malpractice include cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy, and skull fractures. These injuries often result from errors such as delayed C-sections, improper use of delivery tools, or failure to monitor fetal distress. Such mistakes can lead to lifelong physical and developmental challenges for the child and emotional and financial strain on the family.
The skilled Fort Lauderdale birth injury attorneys at Levin Firm Personal Injury Lawyers will thoroughly investigate your case, gather evidence, and work with medical experts to prove negligence. We will also handle settlement negotiations with insurance companies and, if necessary, take your case to court to secure the compensation your family needs for care and recovery.
For a free case evaluation and legal consultation with an experienced Fort Lauderdale birth injury lawyer, please call us at (954) 715-3260 or contact us online today.
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Fort Lauderdale Birth Injury Guide:
- How Much Money Is My Fort Lauderdale Birth Injury Case Worth?
- Most Common Types of Medical Malpractice That Lead to Birth Injuries in Fort Lauderdale
- How Do You Prove the Elements of a Birth Injury Case?
- Medical Complications Resulting from Birth Injuries in Fort Lauderdale
- Fighting the Insurance Company in a Fort Lauderdale Birth Injury Case
- Most Important Steps to Take If You Suspect a Birth Injury
- Talk with an Experienced Fort Lauderdale Birth Injury Lawyer Today
Why Select Us?
At Levin Firm Personal Injury Lawyers, we understand that serious birth injuries and medical complications often result from healthcare provider malpractice. We are prepared to fight the insurance company aggressively so that you and your child receive the compensation you need. Moreover, if the insurance company does not settle your case favorably, our Fort Lauderdale personal injury lawyers are prepared to file a lawsuit and litigate your case to an efficient resolution in the state court system.
You can see our most recent client reviews and case testimonials on this site. Our Fort Lauderdale office is conveniently located at 820 NW 7th Terrace, Fort Lauderdale, FL 33311.
How Much Money Is My Fort Lauderdale Birth Injury Case Worth?
The amount you can recover in a Fort Lauderdale birth injury case depends on the specific circumstances, including the severity of the injury, the costs associated with medical care, and the long-term effects on your family. Birth injuries often lead to significant physical, emotional, and financial challenges, so pursuing compensation is essential to help families manage these hardships. There are two primary categories of recoverable compensation in birth injury cases, which aim to address both the tangible and intangible losses you have experienced.
One category of compensation focuses on economic damages. These damages include the measurable financial costs related to the injury, such as medical expenses for past, current, and future treatments. These expenses may involve covering hospital bills, surgeries, therapy, medication, and the costs of specialized equipment needed for the child’s care. In addition, if the child requires long-term care or rehabilitation, those expenses are factored into the compensation. Families may also recover lost income or loss of earning capacity if a parent must reduce work hours or leave their job to care for the injured child. Furthermore, if the injury affects the child’s ability to earn an income in adulthood, this loss may also be included.
The second category involves non-economic damages, which address the emotional and psychological toll of the injury. Non-economic damages include compensation for the pain and suffering both the child and the family have experienced, as well as the loss of enjoyment of life if the injury limits the child’s ability to engage in normal activities. Emotional distress, such as the trauma and grief the parents have endured, is another important factor in these cases.
In some instances, punitive damages may also be awarded. These damages are meant to punish the responsible party if their actions were particularly reckless or egregious and to deter similar misconduct in the future.
Most Common Types of Medical Malpractice That Lead to Birth Injuries in Fort Lauderdale
Birth injuries resulting from medical malpractice can be devastating for families in Fort Lauderdale. These injuries often occur when healthcare professionals fail to provide the appropriate standard of care during pregnancy, labor, delivery, or postnatal care. Below are some of the most common types of medical malpractice that lead to birth injuries.
- Failure to Monitor Fetal Distress − During labor and delivery, it is vital for medical staff to closely monitor the baby’s heart rate and other vital signs. If signs of fetal distress, such as oxygen deprivation, are missed or ignored, it can result in conditions like cerebral palsy, brain damage, or stillbirth. A delay in responding to these warning signs can have lifelong consequences for the child.
- Improper Use of Delivery Tools − In some cases, doctors may use tools like forceps or vacuum extractors to assist with delivery. If they use these tools incorrectly or with excessive force, they can cause serious injuries such as skull fractures, nerve damage, or brain hemorrhages. Improper use of these tools is a common form of medical negligence.
- Delayed or Improper C-Section − Sometimes, an emergency cesarean section (C-section) is necessary to prevent harm to the mother or baby. Delays in performing a C-section, or performing one improperly, can result in oxygen deprivation, birth asphyxia, or other complications that may lead to permanent injuries.
- Medication Errors − Administering the wrong medication, incorrect dosages, or failing to recognize adverse drug interactions during pregnancy or labor can harm both the mother and baby. For example, excessive use of labor-inducing drugs like Pitocin can cause uterine ruptures or lead to complications for the baby.
- Failure to Diagnose or Treat Maternal Conditions − Undiagnosed or untreated maternal conditions, such as preeclampsia, gestational diabetes, or infections, can increase the risk of birth injuries. Proper prenatal care is essential to identify and manage these conditions to ensure safe delivery.
- Poor Communication Among Medical Staff − Breakdowns in communication between doctors, nurses, and other medical personnel can result in critical mistakes during labor and delivery. Miscommunication about the mother’s condition or the baby’s status can lead to delayed or inappropriate actions.
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How Do You Prove the Elements of a Birth Injury Case?
Proving the legal elements of a birth injury case in Fort Lauderdale requires demonstrating that a healthcare provider’s negligence caused harm to your child. To build a strong case, you must establish four key elements: duty of care, breach of duty, causation, and damages. Each of these elements is critical to holding the responsible party accountable and securing compensation for the injury.
First, you must show that the medical professional owed you and your child a duty of care. In birth injury cases, this duty arises from the doctor-patient relationship. When you seek medical care during pregnancy, labor, or delivery, healthcare providers are legally obligated to provide treatment that meets the standard of care. The standard of care refers to the level of skill and diligence that a reasonably competent medical professional would demonstrate in similar circumstances.
Next, you need to prove that the healthcare provider breached their duty of care. A breach of duty occurs when their actions – or failure to act – fall below the accepted standard of care. For example, if a doctor fails to monitor fetal distress, administers the wrong medication, or delays performing an emergency C-section, they may be considered negligent. Expert testimony from medical professionals is often necessary to establish what the standard of care should have been and how the provider failed to meet it.
The third element is causation, which requires demonstrating that the healthcare provider’s negligence directly caused the birth injury. It is not enough to show that the provider was negligent; you must also link their actions to the harm your child suffered. Establishing causation can involve reviewing medical records, consulting experts, and using evidence to prove that the injury would not have occurred if the provider had acted appropriately.
Finally, you must establish damages or the harm resulting from the injury. Damages include physical injuries, medical expenses, emotional suffering, and the long-term financial effect on your family. Documentation of medical bills, therapy costs, and expert assessments of the child’s future needs are essential in proving the extent of damages.
Medical Complications Resulting from Birth Injuries in Fort Lauderdale
Birth injuries due to medical malpractice can lead to various medical conditions, many of which can have lifelong effects on a child’s health and development. These conditions often arise when healthcare providers fail to deliver appropriate care during pregnancy, labor, or delivery, resulting in preventable harm to the baby. Some of the most common medical conditions linked to birth injuries include cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE), and developmental delays.
Cerebral palsy is one of the most well-known conditions associated with birth injuries. It typically results from a lack of oxygen to the baby’s brain during labor or delivery, which can occur due to delayed responses to fetal distress or prolonged labor. This neurological disorder affects muscle coordination, movement, and posture, and while its severity varies, it often requires ongoing therapy and medical care. In many cases, quick action by medical professionals can prevent the damage leading to cerebral palsy.
Brachial plexus injuries, another common outcome of birth trauma, occur when the network of nerves controlling the shoulders, arms, and hands is damaged during delivery. This type of injury is frequently due to excessive force or improper handling during delivery, particularly in cases of shoulder dystocia, where the baby’s shoulder becomes stuck in the birth canal. Conditions like Erb’s palsy or Klumpke’s palsy can result in weakness, limited movement, or even paralysis in the affected limb.
HIE is another serious condition resulting from oxygen deprivation during birth. This brain injury can result in permanent cognitive and physical disabilities, as well as developmental delays. HIE often occurs when medical staff fail to act promptly during situations such as umbilical cord compression or placental abruption.
Developmental delays, both cognitive and physical, are also common among children who suffer birth injuries. These delays can affect speech, learning, motor skills, and social development, often requiring years of intervention and support.
Fighting the Insurance Company in a Fort Lauderdale Birth Injury Case
Fighting an insurance company in a Fort Lauderdale birth injury case can be a daunting task, but with the right legal representation, you can level the playing field and pursue the compensation your family deserves. Insurance companies often prioritize their profits over providing fair settlements, which is why having experienced attorneys on your side is invaluable.
The skilled legal team at Levin Firm Personal Injury Lawyers understands the tactics insurance companies use to deny or minimize claims. Insurance adjusters may try to argue that the birth injury was not due to medical malpractice or that the damages are not as severe as claimed. We can counter these strategies by building a strong case supported by evidence. We will obtain and analyze medical records, consult with medical experts, and gather witness testimonies to prove that the injury resulted from negligence.
We also handle all communication with the insurance company, ensuring that they do not take advantage of your situation. Insurance adjusters are trained to protect their employer’s interests, and they may pressure you into accepting a low settlement offer. Our attorneys negotiate aggressively on your behalf, demanding compensation that reflects the full extent of your child’s medical expenses, ongoing care needs, and the emotional effects on your family.
If the insurance company refuses to settle for a fair amount, we are prepared to take your case to court. At Levin Firm Personal Injury Lawyers, our litigation experience means we can present a strong argument before a judge and jury backed by the evidence we have gathered.
By taking on the insurance company for you, we aim to relieve your burden so that you can focus on your child’s well-being. With our skilled legal representation, you can hold the responsible parties accountable and secure the financial resources needed to care for your child’s future.
Most Important Steps to Take If You Suspect a Birth Injury
If you suspect your child has suffered a birth injury due to medical malpractice, it is important to act quickly and take the necessary steps to protect your child’s rights and secure compensation for their care. One of the first things you should do is seek immediate medical attention for your child. A thorough medical evaluation can confirm the nature and extent of the injury and ensure that your child receives the proper treatment as soon as possible.
You should also gather and preserve all medical records related to the pregnancy, labor, delivery, and any subsequent care your child has received. These documents are essential for understanding what happened and identifying any potential negligence by healthcare providers. In addition, keep a record of any expenses you incur, such as medical bills, therapy costs, or time missed from work, as these records will help demonstrate the financial repercussions of the injury.
Most importantly, contact a skilled Fort Lauderdale birth injury attorney as soon as possible. At Levin Firm Personal Injury Lawyers, we will thoroughly investigate the circumstances of the injury, consult medical experts, and build a strong case to pursue the compensation your family deserves.
Talk with an Experienced Fort Lauderdale Birth Injury Lawyer Today
At Levin Firm Personal Injury Lawyers, we will aggressively advocate for your rights and interests and work to maximize the compensation that you and your child receive in a birth injury case.
For a free case evaluation and legal consultation with a knowledgeable Fort Lauderdale birth injury attorney, please call us at (954) 715-3260 or contact us online right away.