Your child’s birth is one of the most joyous occasions of your life. We expect the doctors and medical staff taking care of the mother and baby to follow procedures and address complications as quickly as possible. Unfortunately, they may fail to live up to these standards.
If that was the case for you and your child suffered a birth injury as a result, you may be able to hold the liable medical facility accountable. A Brevard County birth injury lawyer at Chalik & Chalik Injury Lawyers can guide you through the legal process and explore your options for compensation.
Kinds of Birth Injuries Your Child Could Have Suffered
Birth injuries may occur before, during, or immediately after a child is born. Some kinds of birth injury cases our firm can handle include but are not limited to:
- Cerebral palsy
- Erb’s palsy
- Brain bleed
- Meconium aspiration
- Hypoxic-ischemic encephalopathy (HIE)
- Shoulder dystocia
- Bacterial meningitis/GBS positive
- Fractured collarbones
- Necrotizing enterocolitis (NEC) from baby formula
- Spinal cord injuries
- Traumatic brain injury (TBI)
In tragic cases, the child may be stillborn or pass away shortly after birth.
How do Birth Injuries Happen?
Causes of birth injuries can be challenging to determine. While some parents may suspect they know the causes of certain injuries, many cases require thorough investigations to get answers.
Some of the most common causes of birth injuries include, but are not limited to:
- Failure to recognize and prepare for high-risk deliveries
- Infant oxygen deprivation
- Failure to properly monitor and record the baby’s heart rate
- Failure to diagnose and treat problems prior to delivery
- Failure to recognize and respond to fetal distress
- Medication errors
- Failure to identify umbilical cord issues
- Delays in addressing complications during delivery
- Incorrect use of delivery instruments (forceps, vacuum extractors)
- Failure to order a timely cesarean section (C-section)
Birth injuries could involve multiple parties being liable for the injuries. Possible negligent parties may include physicians, hospitals, drug companies, and possibly medical device manufacturers.
Find a Brevard County Birth Injury Lawyer
Near Me (855) 529-0269
What Must Be Proven in a Birth Injury Lawsuit?
The person filing a birth injury lawsuit, or the plaintiff, is going to need to prove three basic requirements in any birth injury action:
- The negligent party owed a child a standard duty of care.
- The negligent party breached their standard duty of care.
- The negligent party’s actions or lack thereof were the cause of a child’s injury.
The evidence we can use to back up your claims for medical negligence include:
- Eyewitness statements
- Expert medical testimony
- Relevant medical records
- Available video footage
- The incident report
Types of Birth Injury Damages You Can Pursue
If your child suffered a birth injury, you and your family may be entitled to collect various forms of compensation, including:
- Past and anticipated medical bills
- Pain and suffering
- Lost wages
- Future loss of earning potential
- Out-of-pocket expenses
- Mental anguish
- Loss of enjoyment of life
- Medical travel costs
- Home modifications
- Funeral or burial costs
Other factors may also be relevant as you calculate the value of your claim.
How Long You Have to Recover Damages From the Liable Party
If you want to hold the liable party accountable via a medical malpractice lawsuit, the state limits how long you have to take legal action. UnderFlorida Statutes § 95.11(4)(b), there is usually a two-year deadline. If you lost your child to their birth injury, you have the same amount of time to file a wrongful death lawsuit, per Florida Statutes § 95.11(4)(d).
If you delay, the courts may refuse to hear your case, so it would be your responsibility to cover your birth injury-related losses. To help prevent this outcome, consider consulting our team right away.
Chalik & Chalik Birth Injury Lawyer Near Me (855) 529-0269
How a Birth Injury Lawyer on Our Team Serving Brevard County Can Serve You
After your child suffered a birth injury, you should focus on being there for them – not handling an injury case. Have one of our personal injury lawyers manage all aspects of your claim or lawsuit for you.
On your behalf, they can:
- Take care of all correspondence with respective parties
- Collect and assess all forms of evidence
- Establish fault and liability
- Negotiate a fair settlement
- Interview witnesses, specialists, and experts about your case
- File your complaint or lawsuit before the given deadline
- Fight for you in a trial, if needed
Chalik & Chalik Injury Lawyers represents clients all over Florida. Consider viewing our case results to get an idea of some of the six- and seven-figure judgments we have secured for the people we represent. One of our birth injury case outcomeswas $450,000 for a child who suffered Erb’s palsy and needed surgery.
How Our Birth Injury Lawyers Will Be Paid for Their Help
Don’t let the costs of legal aid keep you from retaining it. That shouldn’t worry you with Chalik & Chalik Injury Lawyers on your side. Because we work on contingency, we won’t charge you any upfront or out-of-pocket fees. That way, our lawyers can get right to work on your case.
Our fee comes out of the financial award we secure for you. If we don’t win your case, we don’t get paid. You have nothing to lose when you have our attorneys representing you.
Click to contact Chalik & Chalik's Birth Injury Lawyer today
Call Chalik & Chalik Injury Lawyers Today
We invite you to call (855) 220-6513 for a free consultation with Chalik & Chalik Injury Lawyers to get guidance on your birth injury claim. You’ll even be in touch with our partners throughout your case.
Our firm places a tremendous emphasis on the trust that we earn from our clients, and you should know that you will have a team of attorneys who will work to ensure that you are able to recover the compensation you need. Contact us today.
Call or text Chalik & Chalik (855) 529-0269