The birth of a child should be a beautiful moment. Sometimes, however, the excitement of the moment is overshadowed by an unnecessary birth injury. The results are often traumatic for both the child and their family, who now must live with a new reality.
If you suspect your child sustained unnecessary injuries during the birth or labor process, you want a West Palm Beach birth injury lawyer who is willing to battle the insurance companies for you. At Chalik & Chalik Injury Lawyers, we provide dedicated, one-on-one legal care. We work with you to navigate the legal process and recover the compensation you deserve. Call our office today at 561-899-5020 for a free consultation.
Types of West Palm Beach Birth Injury Cases Our Firm Handles
When your family is facing an unknown future caused by a birth injury, you may be frightened, angry, and overwhelmed. The professionals you trusted to care for you at your most vulnerable time have failed you, and you have the right to hold them accountable for their negligence.
Our firm handles all types of West Palm Beach birth injury cases, including those caused by:
- Misdiagnosis or failure to diagnose a condition that results in injury to the mother or child, such as gestational diabetes, preterm labor, or preeclampsia;
- Improper use of medical devices, including assistive devices such as forceps or a vacuum to assist in the delivery;
- Surgical errors during a c-section;
- The use of unsanitized equipment;
- Medical device failure;
- Lack of training; or
- Any other negligence on the part of the nursing staff, doctor, or another medical professional.
West Palm Beach Birth Injury Lawyer Near Me (855) 529-0269
Establishing Fault in a West Palm Beach Birth Injury Claim
A successful West Palm Beach birth injury case requires proving that the at-fault party was negligent and that negligence caused injury to your child. Establishing fault requires us to prove the following:
- There was a doctor-patient relationship;
- The defendant violated the standard of care, which means another doctor in a similar situation would not have acted in the same manner;
- The at-fault party’s negligence resulted in your or your child’s injury; and
- As a result of those injuries, your family suffered damages, e.g., additional medical costs, physical pain, or loss of function.
In order to establish these four factors, our team may gather evidence to support your West Palm Beach birth injury claim. The evidence our team gathers can include:
- Hospital bills;
- Medical reports;
- Proof of parents’ lost wages; and
- Expert witness testimonies.
If your child sustained a preventable injury during birth, or you suspect they may have, we can help. Consult with a member of the Chalik & Chalik Injury Lawyers team today by calling 561-899-5020 for a free case review.
Damages You May Recover in a Birth Injury Case
The damages available to your family will depend on the details of your case. For example, a child who now requires life-long care will be eligible for greater compensation than a child who suffers a broken arm.
In most birth injury cases, our team will seek compensation for the following types of damages:
- Medical, hospital, and surgical bills for the mother and child;
- Medication costs for the mother and child;
- Cost of physical therapy or rehabilitative therapy;
- In-home nursing care, if required;
- Required medical equipment, such as breathing monitors;
- Pain and suffering damages;
- Permanent disability; and
- Lost wages for the parents.
Statute of Limitations for West Palm Beach Birth Injury Cases
For many cases, the statute of limitations is quite clear. In Florida, most victims of medical malpractice have two years from the date of the accident to pursue a case in court.
There are, however, several caveats for birth injury victims. For example, if the birth injury is not detectable within the first two years of the child’s life, the family has up to age four to pursue compensation. Additionally, if the doctor or medical professional purposefully concealed information related to the malpractice, your family may have up to seven years from the date of the injury file a court case.
A West Palm Beach birth injury lawyer can review the details of your case and determine when the statute of limitations may expire. Call our team today at 561-899-5020 to discuss your potential claim.
Wrongful Death Cases Following a West Palm Beach Birth Injury
The most tragic birth injury cases are those that result in the death of the mother, child, or both. This should never happen, and we will fight to hold the at-fault party responsible for their negligence when it does.
If your child or their mother passes away due to a birth injury, your family may be eligible to seek compensation from the at-fault party. While a court case cannot ease your grief, it may prevent another family from suffering a similar fate. Call 561-899-5020 to discuss your potential wrongful death claim.
Contact a West Palm Beach Birth Injury Lawyer Today
When a medical professional or other party’s negligence overshadows that joy and leaves your family with medical bills and other damages, we are here to help you hold that party responsible. Contact the compassionate legal team at Chalik & Chalik Injury Lawyers for the personalized, one-on-one legal attention you deserve. Our team is standing by to take your call at 561-899-5020.