When a doctor or another medical staff member is negligent during your child’s birth, your child may suffer a birth injury. Some birth injuries are relatively minor, while others can result in a lifetime of complications.
If your child was injured at birth due to medical malpractice, you may be eligible to get compensation that will help your child recover from that harm or pay for treatment that improves their quality of life.
The following are common long-term consequences of birth injuries that a lawyer may be able to help you get compensation for.
Cerebral Palsy
When cerebral palsy is caused by a birth injury, it is usually a result of oxygen deprivation during childbirth. This can occur when medical personnel:
- Don’t monitor or assess fetal heartbeat during delivery
- Fail to detect maternal infections
- Delay a necessary C-section
- Fail to recognize umbilical cord problems
- Don’t supply oxygen quickly after birth
- Use forceps or a vacuum extraction tool improperly
A child who has cerebral palsy may have physical and speech problems that last for the rest of their life. Some children with cerebral palsy also have intellectual or learning disabilities. If these disabilities were the result of negligence, a birth injury attorney can work to win you compensation for your child’s medical costs.
Cognitive and Developmental Delays
A birth injury can cause brain damage, either due to a physical impact on the developing brain or the brain being cut off from oxygen during birth. Mild cognitive impairment can affect things like reflexes or balance. More serious impairment could effectively prevent your child from developing beyond a certain point.
In the worst-case scenario, where your child never fully develops mentally, they may require a lifetime of care services. Our Florida lawyers can help you seek the compensation you need to care for your child.
Seizure Disorders
Brain damage during birth can have unpredictable effects. In some cases, the portion of the brain that was damaged controls not development, but movement. Thus, some brain injuries during childbirth can result in lifelong seizure disorders.
If your child has a seizure disorder, they may require medication and regular medical care throughout their life. They might never be able to drive, and their career options could be limited. Your child should be able to get compensation for this impact if it was caused by negligence.
Hearing and Vision Loss
Another potential impact of brain damage is sensory deprivation. A child injured during labor and delivery may develop full or partial hearing or vision loss. Sometimes this consequence is immediately obvious; in other cases, it may be years before symptoms appear.
Emotional and Financial Strain on Families
Caring for a child with severe physical or mental limitations can put a significant strain on your emotions and finances. A lawyer may be able to help you get the money you need to support your child, including the costs of therapy or support services that can reduce the emotional strain on your family.
A Reduced Quality of Life
Paying for medical services or a live-in nurse is only half the equation. When your child needs a lifetime of therapy, treatment, or assistance, they have a lower quality of life than they would have enjoyed without the birth injury.
Thankfully, Florida law allows victims of negligence to receive non-economic damages. This means your child can get compensation for the pain and suffering (physical and emotional) that result from their injury.
Legal Recourse for Preventable Injuries
Parents have several options for getting compensation for preventable birth injuries. Typically, our birth injury lawyers will try to negotiate a fair settlement with the insurance company of the party that is responsible for the injuries. During those negotiations, we will seek compensation for a lifetime of treatment and suffering.
When negotiations fail, you can file a lawsuit. If you win in a courtroom, the jury will award you financial compensation appropriate to the harm your child suffered.
FAQ
How Long Do I Have to File a Birth Injury Lawsuit in Miami?
According to the statute of limitations in Florida, you have until your child’s eighth birthday to file a birth injury lawsuit against a negligent party. This should give you enough time to learn the extent of the injury and collect the evidence you will need to win at trial.
Is There a Cap on Medical Malpractice Damages in Florida?
No, unlike many other states, Florida does not cap compensatory damages on medical malpractice claims. This means you can seek as much compensation as you need to cover all past and future expenses, as well as any damages for pain and suffering that a jury considers reasonable.
When Should I Contact a Florida Personal Injury Lawyer if I Suspect My Child Suffered From a Birth Injury?
Contact our law firm as soon as possible if you suspect your child suffered a birth injury. A delay could make it harder to get treatment for your child, which might aggravate your child’s symptoms. Our legal team will work swiftly to gather evidence and try to get you compensation.