NOTE: Our law firm does not handle birth injury cases. This article is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney/client relationship.
Did something go wrong during your child’s birth in Tampa, FL? If your child suffered a birth injury, you might be entitled to compensation for medical bills, rehabilitation, pain and suffering, and more.
An experienced Tampa birth injury lawyer can help you understand your legal rights and fight for the full compensation you deserve.
How an Attorney Can Help With a Birth Injury Claim in Tampa
Doctors, nurses, and medical facilities are required to provide reasonably competent care. Medical standards are put into place to establish the baseline level of care you should expect. Unfortunately, not everyone satisfies their duties–and patients often suffer because of it.
If your child was injured at birth, you deserve to know why. However, medical malpractice claims can be complex.
An experienced Tampa injury lawyer can support you throughout the entire legal process by:
- Finding out how your child was injured
- Identifying all responsible parties and insurance coverage
- Hiring experts and specialists to offer insight into the value of your case
- Handling all communications and negotiations with the insurance companies
A knowledgeable Tampa medical malpractice attorney can help you get to the bottom of what happened and handle all the legal details.
Overview of Birth Injuries
A birth injury is any type of injury that happens while a baby is being born. A birth injury can occur before the baby is born, during delivery, or immediately after birth. Some types of birth injuries result in the need for a lifetime of care.
Medical professionals have a duty to monitor the mother during pregnancy, labor, and in the delivery room. If your child was hurt because of medical negligence, an attorney can help hold all responsible parties accountable.
Types of Birth Injuries
Some of the most common types of birth injuries include:
- Brachial plexus injuries
- Erb’s Palsy
- Cerebral Palsy
- Shoulder dystocia
- Spinal cord injuries
- Hypoxic Ischemic Encephalopathy (HIE)
- Intracranial hemorrhage
- Subconjunctival hemorrhage
- Broken Bones
- Cephalohematoma
- Caput Succedaneum
- Brain damage
- Placental abruption, which can cut off a baby’s oxygen supply
- Uterine rupture
Many of these injuries are entirely preventable. If your child was injured during childbirth or delivery, a Tampa birth injury attorney can explain your legal options.
How Common Are Birth Injuries?
You expect the birth of your child to be a joyful event. Unfortunately, a lot can go wrong during the birthing process.
Birth injuries are much more common than you might imagine. Out of every 1,000 births in the United States, six to eight infants are born with a birth injury. That’s about 76 birth injuries per day.
What Are the Signs and Symptoms of Birth Injuries?
The signs and symptoms of birth injuries can be extremely varied. They’ll depend upon the exact type of injury your child suffered.
Some signs to watch for at birth include:
- Bruising or swelling
- The need for resuscitation
- Skin turning pale or blue
- Low heart rate
- An arched back when crying
- Weak reflexes
- An extremely high-pitched cry
- Diminished heart rate
- Trouble breathing
- Extremely rapid breathing
- Seizures soon after birth
Some birth injuries don’t show up immediately. They might show up as developmental difficulties, such as:
- Trouble speaking
- Difficulty crawling or walking
- Strange movements
- Eating or drinking problems
- Difficulty holding items
- Lack of coordination
- Hearing problems
It’s important to seek regular medical care for your child to diagnose and treat any injuries that may have a delayed presentation.
What Causes Most Birth Injuries?
Birth injuries are often caused by medical errors.
Some of the most common causes of birth injuries include:
- Improper use of forceps, vacuum extractors, or similar devices during labor and delivery
- Failure to convert to a C-Section when needed
- Failure to properly monitor the mother and fetus during pregnancy
- Failure to properly monitor vital signs during labor and delivery
- Oxygen deprivation
- Failure to diagnose a medical condition
- Medication errors
- Communication errors between staff members
- Lack of experience
If you believe your baby was harmed because of a healthcare provider’s negligence, reach out for legal advice from an experienced medical malpractice lawyer.
What is My Tampa Birth Injury Case Worth?
A number of factors come into play in determining how much your birth injury case is worth. The nature and severity of your child’s injuries tend to be the most important factors.
With proper treatment, some children who suffer birth injuries go on to lead relatively normal lives. Others could require lifelong care or suffer a disability that creates challenges at every turn.
Overall, the value of your birth injury claim will depend upon:
- The types of medical treatment your child will require (and the cost)
- Whether your child will suffer a long-term or permanent disability
- The impact of the injury on your child’s future educational and career prospects
- Disruptions to your child’s ability to enjoy a normal childhood
- The cost of your lost wages, income, and other expenses related to caring for your child
To negotiate a fair settlement, you’ll first have to be prepared with all the facts. That includes knowing how much your personal injury case is worth.
Expect the insurance company to have a different idea about the value of your child’s case. The insurer may try to downplay your child’s suffering. An attorney can bring in experts and specialists in medicine, education, and life planning to strengthen your case.
What Compensation Can I Recover for Birth Injuries in Tampa, Florida?
Victims of medical malpractice can recover two primary types of damages in Florida: economic damages and non-economic damages. Each category compensates you for a different set of losses.
Economic damages refer to financial losses. You should be entitled to compensation for all of your out-of-pocket expenses, including things like:
- Past and future medical bills
- Rehabilitation and physical therapy
- Medications and medical devices
- In-home assistance
- Specialized education programs
- Counseling and therapy
- Your lost wages and income while you care for your child
- Your child’s diminished future earning potential
Non-economic damages compensate for your personal losses. Watching your child suffer an injury in the very first moments of life can be extremely traumatizing. That doesn’t even account for the pain you may experience if your child suffered a long-term injury.
Non-economic damages attempt to compensate for those types of losses. You may be entitled to receive money for:
- Pain and suffering
- Mental anguish
- Physical disfigurement and scarring
- Diminished quality of life
- Loss of a normal childhood
- PTSD
- Anxiety
- Depression
- Loss of your child’s company and support
Some birth injuries are fatal. If you lost your child because of a tragic mistake, a lawyer can help you fight to recover damages for wrongful death.
How Long Do I Have to File a Birth Injury Lawsuit in Florida?
The state of Florida limits the amount of time you have to take legal action. The Florida statute of limitations in medical malpractice cases is two years. That means you’ll have to file a medical malpractice lawsuit within two years of the date you discovered that your child suffered a birth injury.
The clock doesn’t always begin to run at the date of birth. Sometimes it can take time for a birth injury to become apparent. If that’s the case, you’ll have two years from the date you reasonably should have known about the injury. It’s important to consult an attorney to determine the applicable deadline for your claim.
Contact a Tampa Birth Injury Lawyer for Legal Help
If your child was injured at birth, you may have legal recourse. When you hire a skilled Tampa birth injury lawyer, they can secure the fair compensation you deserve.
