Bringing your newborn child into the world should be a positive and joyous experience. A mistake during the birthing process can quickly change this. Many birthing injuries can slow development, require costly medical procedures, and significantly affect you and your child’s life.
If the birthing process left your child with life-changing injuries, we can help. Call a birth injury lawyer in Miami, FL at Chalik & Chalik Injury Lawyers at 305-944-2035.
Common Causes of Birthing Injuries
Birthing injuries are often the result of medical malpractice.
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What are the most common causes of birth injuries?
- Misuse of hospital equipment
- Not adhering to delivery procedures
- Improper training of delivery staff
- Failure to monitor fetal vitals
- Improper medication administration
Other negligent actions could also lead to injury during the birthing process. These types of mistakes can result in severe medical conditions such as cerebral palsy and even wrongful death.
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Establishing Negligence for a Birth Injury
Many birthing injuries are the result of negligent actions. In order to establish negligence, it is important for our birth injury lawyers in Miami, FL to demonstrate the four elements of personal injury:
- Duty of care: we must establish the responsible party held a legal duty of care for the newborn’s and mother’s safety. In a medical setting, all staff members have a legal duty of care to their patients.
- Breach of duty: we must provide evidence the responsible party breached this duty of care in some way.
- Causation: we must demonstrate the breach of duty caused the birth injury to occur.
- Damages: we must also provide evidence of damages.
Recoverable Damages for Miami Birth Injuries
Birth injuries are often very expensive. An experienced Miami birth injury attorney can recover the following types of damages in a birth injury case
- Child’s or mother’s medical costs (past, present, and future)
- Hospital bills
- Pain and suffering
- Lost wages
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Birthing Injury Statute of Limitations
Seeking compensation within Florida’s statute of limitations is essential. Florida requires the filing of all medical malpractice cases within two years from the date of injury, or from the date on which there was a reasonable discovery of the injury.
Complying with the statute of limitations makes it important for you to contact a personal injury lawyer if negligence during the birthing process resulted in injury. Otherwise, you risk losing your eligibility to file a medical malpractice case and collect any compensation you might deserve.
How We Can Assist You with Your Birth Injury Case
Every case is different. This is why it is important our Miami birth injury lawyer get to know the specific details of your case. This will help us determine who is responsible for your child’s injuries and what types of documents we need to collect.
Let us investigate your case and determine the best legal outcome. Schedule a complimentary consultation today. Call a birth injury lawyer in Miami, FL at Chalik & Chalik Injury Lawyers at 305-944-2035.
In order to collect compensation for the costs of birthing injuries, it is necessary to determine fault. We will identify who is responsible for your child’s birth injuries. We do this by collecting important documents, including:
- Medical records
- Witness statements
- Expert witness reports
- Parent statements
This information helps us determine the course of your case.
Getting the Compensation You Deserve
We understand the financial implications of birth injuries. Medical procedures and prescriptions can get costly. In some cases, you might require household renovations to accommodate disabilities. It can become difficult for parents to work due to the required and constant care for their child’s injuries.
If a preventable mistake led to your child’s birth injury, it is only right to have the responsible party pay for the costs incurred. We will address both economic and non-economic factors when calculating the compensation you deserve.
During this process, an offer for a settlement may be given. We will assist you in evaluating any settlement offers. If necessary, we can represent you at trial to fight for the compensation you need.
Why You Should Consider a Birth Injury Lawyer in Miami, FL
Medical mistakes and negligence can quickly ruin the joyous occasion of childbirth. Children who suffer injuries during the birthing process often require expensive medical attention and have a long recovery process.
Work with a medical malpractice lawyer who is familiar with Florida’s laws as they pertain to birth injuries. We can help you get the compensation you deserve and navigate the confusing legal process on your behalf. Call a birth injury attorney in Miami today at Chalik & Chalik Injury Lawyers at 305-944-2035.