Hospitals and medical professionals are given the responsibility of ensuring the safety and well-being of newborn children. Sadly, there are many cases of medical negligence that lead to serious birth injuries. If you are concerned that your child has been injured before, during, or soon after birth, a knowledgeable Miami birth injury attorney can help you better understand your legal rights and options.
Types of Birth Injury:
When there is difficulty during labor and delivery, several different forms of birth injuries can develop. Among the most typical birth injury claims handled by our attorneys are:
- Injuries resulting from hypoxic-ischemic encephalopathy (HIE)
- Clavicle fracture
- Torticollis (wry neck)
- Brain damage or head trauma
- Brachial plexus palsy
- Shoulder dystocia
- Cerebral palsy
- Erb’s palsy
- Klumpke’s palsy
- Facial paralysis
Common Birth Injury Cases
The most common types of birth injury cases include:
- Forceps and Suction Injuries: Doctors have the responsibility of deciding when it is appropriate to use forceps and suction tools to help deliver the newborn. When these tools are improperly used, a serious injury may be caused.
- Ruptured Uterus: Doctors must reasonably foresee potential hazards for a mother. One of the most important decisions a doctor must make is whether to do a cesarean section. Unnecessary C-sections may also prove harmful for the mother and her baby.
- Failure to Diagnose: Doctors must also diagnose potential dangers for a baby. Delayed diagnosis of a serious health issue may greatly reduce the infant’s chance for a full recovery.
- Cerebral Palsy: This serious condition that leaves the child with permanent brain damage can be caused by mistakes made by medical professionals in the early stages of life. This happens especially when the oxygen supply to the fetus’ brain is cut off during birth.
- Failure to recognize Macrosomia: This is a condition where the baby’s head and shoulders are simply too large to pass through the birth canal. Failure to properly diagnose this condition may cause serious injury to a mother and a child.
- Brain and Spinal Cord Injuries: There are tragic circumstances in which a medical professional’s negligence could lead to a brain or spinal cord injury that will forever affect the well-being of the baby.
The Rights of a Parent
A successful birth injury claim requires the plaintiff to prove three things:
- A medical professional acted outside of reasonable standards and practiced negligence
- The baby and/or mother suffered an injury
- The injury was suffered because of medical negligence.
A skilled personal injury lawyer will carefully review every step that was taken during the birthing process. When a doctor fails to provide an adequate level of care, he or she should be held accountable for the damages. Common losses that are compensated by a successful claim include: all present and future medical expenses, all time spent away from work, and all pain and suffering related to the injury. The skilled Miami birth injury attorneys at the Law Office of Ruth E. Johnson utilize the skills of medical professionals to assess liability and determine the true cost of a birth injury. Please call us today for a free consultation and comprehensive evaluation of your birth injury claim.