Ft. Lauderdale Birth Injury Attorney
Erb's Palsy and Cerebral Palsy Caused by Ft. Lauderdale Birth Injuries
Infants are the most precious little patients, and their medical care starts before they are even born. Obstetricians receive special training to monitor and care for expectant mothers throughout the course of their pregnancies, trough to the point when they finally go into labor and delivery, and shortly beyond.
Unfortunately, serious birth injuries occur in about 3 of every 100 births. Pregnancy is a vulnerable time for the mother and the unborn child, and when doctors fail to effectively diagnose or treat complications or emergency situations that arise while caring for patients during pregnancy and delivery, the babies can suffer lifelong consequences.
Common Types of Birth Injuries
What constitutes a "birth injury"? Legally, it is defined as damage sustained during the birthing process. Most births are joyous events when handled properly by medical care professionals, but an injury can cast a shadow over the event and the future health of both mother and child. For example, a brachial plexus injury referred to as Erb's palsy can occur if medical mistakes are made during the delivery process, resulting in nerve damage and impaired movement or paralysis of the child's hand, arm, and shoulder. If your child suffers from the effects of a birth injury and you feel that something should have been done to prevent it,
contact us at Chalik & Chalik.
We work with skilled medical professionals who are trained to recognize evidence of malpractice, and we will go in-depth to find out what really happened to your child. There are natural causes for injuries that can occur during the delivery process, such as the umbilical cord getting compressed or twisted, which can reduce or cut off the baby's oxygen supply. Sometimes the baby turns into a breached position, or is especially large and has difficulty traveling down the birth canal, making it necessary to perform a Caesarean section.
Brain damage—or hypoxic ischemic encephalopathy—is among the most serious of birthing injuries, which can be caused when the baby's brain is deprived of oxygen or bleeding occurs within the brain due to trauma that occurs during the delivery procedure.
Birthing injuries can range from minor to serious, to fatal:
- Minor injuries such as skin irritations
- Serious injuries such as bone fractures, including broken arms and collar bones
- Serious conditions such as brachial plexus injuries, Cerebral palsy, Erb's palsy
- Severe forceps injury caused by pulling the baby too hard
- Grave complications such as shoulder dystocia, which can lead to the baby's death or permanent disability, including head and neck injuries, paralysis, brain damage, and brain injury
If your child has suffered a birth injury due to the negligence of a doctor, nurse or other medical professional, you may be entitled to monetary compensation through filing a medical malpractice lawsuit. To determine whether a birth injury was caused by negligence, all the medical records need to be obtained and reviewed by a medical expert, a process which may take several months. There may be time limitations to a birth injury case, including age guidelines for children:
- You must commence the medical malpractice lawsuit within 2 years of the date of the act that you believe caused the injury, or within 2 years from the date the injury was identified or should have been detected.
- If more than 4 years have passed from the date of the act that you believe caused the injury, no malpractice action may be taken.
- These limitations apply to minors age 8 and older. Under Florida law, if a child younger than 8 years old has injuries that you believe were caused by medical malpractice, the lawsuit must be filed by the child's 8th birthday or within the timeframe limits defined above-whichever time period is greater.
A personal injury attorney from our firm will work to hold the doctor or hospital accountable for your child's injuries, and will work to secure the financial compensation you need to care for your child. Birth injury cases can be very complex and proving medical liability can be difficult-you need tough, compassionate lawyers experienced in this area to research and fight for your claim.
Want to learn more? Visit our Florida birth injuries site!