When your child has been diagnosed with a devastating birth injury, you may be confused, worried, and concerned about their future. When your healthcare provider’s negligence is the cause of your child’s birth injury, you may have the right to financial compensation.
Pursuing legal action may be the furthest thing from your mind during these difficult times. But the sooner you get an experienced West Palm Beach birth injury lawyer at Chalik & Chalik Injury Lawyers on your case, the more likely you are to secure the compensation your family needs.
Common Types of Birth Injuries in West Palm Beach
One of the main reasons why more families do not pursue birth injury lawsuits more often is because they do not know whether they have grounds for a case. There are virtually endless types of injuries that can occur during childbirth. Some may occur naturally, and cannot be prevented.
Others only occur through negligence, or could have been prevented if your healthcare provider did not make a mistake or act negligently. With that being said, there are some types of birth injuries we see in West Palm Beach civil courts more frequently than others. These include:
- Caput succedaneum
- Erb’s palsy
- Brachial plexus birth injuries
- Cerebral palsy
- Facial paralysis
- Perinatal asphyxiation
- Untreated jaundice
- Subconjunctival hemorrhage
- Nerve damage
- Broken and fractured bones
- Hypoxic ischemic encephalopathy (HIE)
- Intracranial hemorrhage
- Postpartum hemorrhage
- Uterine rupture
- Vaginal tearing
- Anal fissures
- Pelvic organ prolapse
These are only a few of the more common types of birth injuries that you see families suffer with. If you have suffered another type of birth injury that was not listed above, be sure to reach out to our office to find out what legal options are available to you and your family.
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How to Prove Medical Negligence for a West Palm Beach Birth Injury
If you hope to win your medical malpractice lawsuit for a birth injury in West Palm Beach, your lawyer will need to prove that medical negligence occurred. Negligence occurs when there has been a breach in the medical standard of care. This can encompass a wide variety of medical mistakes, errors, and acts.
However, anytime a healthcare provider makes a decision regarding a patient, or fails to make a decision, that another reasonable healthcare provider of similar experience, education, and training would have made, there may have been a breach in the medical duty of care. To prove negligence, your attorney will need to show that four elements have been met:
- Duty of care
- Breach of duty
Basically, your medical malpractice lawyer will be tasked with establishing that the healthcare provider in question owed you a duty of care. They then breached this duty of care in some way, thereby causing you to suffer serious injury or illness, that in turn, lead to significant damages on your part.
A thorough investigation into the details of your case will allow your attorney to recover the evidence needed to prove that medical negligence occurred.
Chalik & Chalik Birth Injury Lawyer Near Me (561) 899-5020
Damages Your Family Could Recover After a Birth Injury in West Palm Beach
Dealing with a birth injury is often overwhelming. Between the additional medical treatment and care your baby may need, struggling to accept the loss of function they may have endured, and the astronomical medical bills associated with their injuries, you may be feeling the weight of the world on your shoulders.
When you pursue your West Palm Beach birth injury claim, you may be able to recover every loss. Of course, no amount of money is going to change what has happened to you, your family, and your baby. However, compensation as a form of restitution could give you the financial opportunity you need to pave your way into the brightest future possible.
With that being said, your family can recover economic and non-economic damages. Economic damages are also commonly known as financial losses, and might include:
- Lost wages
- Diminished earning capacity
- Medical bills
- Hospital expenses
- Other ongoing medical treatment and care
- Future medical care
- Unexpected childcare expenses
- Costs of household maintenance and upkeep
- Costs of increased insurance premiums
Your family has likely suffered more than just financial losses. You have the right to recover non-economic damages as well under FL Stat § 766.118, some of which could include:
- Mental anguish
- Loss of consortium
- Diminished quality of life
- Physical pain and suffering
- Reputational damage
There is also a possibility that you could be awarded punitive damages in your case. Under FL Stat § 400.0237, punitive damages can be awarded in cases where the actions of the defendants are found to be egregious or reprehensible.
The judge may award you punitive damages to punish the liable party beyond the compensatory damages you suffered. Punitive damages also serve as the court system’s way of sending a message to the public that actions like those of the defendant in your case will not be tolerated.
Act now, because the statute of limitations for pursuing birth injury is two years from the date of discovery of the injury according to Florida Revised Statutes §95.11.
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How to Pursue Your West Palm Beach Birth Injury Claim
There are multiple ways you could collect the compensation you are entitled to when dealing with a birth injury in West Palm Beach. Generally, this includes filing medical malpractice insurance claims, and medical malpractice lawsuits in civil court.
Medical Malpractice Insurance Claims
The vast majority of healthcare providers are protected by some type of malpractice insurance. Whether a nurse, physician, surgeon, or any other type of healthcare provider is liable in your case, chances are, they have malpractice insurance. You might file a claim with their malpractice insurance provider in order to recover some of your damages.
However, it is important to keep in mind that the insurance company is often only required to pay out up to the limits of the insurance policy. If your damages exceed these term limits, you will need to be prepared to take additional action to recover your remaining losses.
Medical Malpractice Tort Actions
Bringing your medical malpractice case to court could be the best way to ensure that you recover maximum compensation for your suffering.
The insurance company is likely going to fight back every step of the way, and even if they settle on your claim, they may only provide you compensation for specific types of economic damages. Bringing your case before a judge and jury could produce the greatest possible outcome in your case.
For a free legal consultation with a Chalik & Chalik lawyer serving West Palm Beach, call (561) 899-5020
Contact a West Palm Beach Birth Injury Attorney
While you and your family are trying to navigate life after a birth injury, your dedicated West Palm Beach birth injury lawyer at Chalik & Chalik Injury Lawyers will be working tirelessly to get justice for your family.
When you are ready to get started on your case, contact our office for a free, no-obligation consultation. You can reach us by phone at (561) 899-5020 or fill out our online contact form.
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