Boca Raton Birth Injury Lawyer

January 29, 2024 | Attorney, Matthew Dolman

Parents who are expecting always hope to bring a happy, healthy baby home from the hospital. Often, this is the case, but problems can happen and a birth injury can occur. Sadly, some parents' dreams turn into nightmares in an instant. Unfortunately, about seven babies out of 1,000 are born with a birth injury nationwide. In Florida, one recent year involved 3,334 adverse action reports and 1,105 medical malpractice payment reports related to birth issues.

Coping with the consequences of a birth injury is painful and overwhelming, but when an injury could have been avoided, it makes matters even worse. The compassionate Boca Raton birth injury lawyers at Dolman Law Group Accident Injury Lawyers, PA, understand what you are going through. We are here to answer all your questions and guide you through this difficult and challenging time.

If your infant sustained an injury during delivery, you may be entitled to compensation related to the injury. No amount of money will make up for your family's physical and mental pain, but recovering damages can help with mounting medical bills and financial stress due to missed work while you take care of your child. Call the knowledgeable team at Dolman Law Group in Boca Raton at (561) 220-4963 to discuss your case for free.

Why You Can Trust a Boca Raton Birth Injury Lawyer at Dolman Law Group to Fight For Your Family

When your child suffers a birth injury, you may be facing a lifetime of specialized medical care, ongoing doctor visits, extended therapies, multiple medications, and more. While caring for your child, you may be forced to miss work or lose your job altogether. The expenses of a birth injury can be overwhelming for any family. This is why the birth injury attorneys at Dolman Law Group have made it our mission to help families recover the compensation they need and deserve from those responsible for the injury.

Our skilled team of birth injury lawyers knows how to prepare a claim related to birth injuries and gather the necessary information and evidence to support a demand for financial compensation. We can protect your legal rights and pursue the funds you need to properly care for your child while you focus on that care and help your family move forward.

If your infant has sustained an injury during childbirth because of the negligence of one or more of the medical staff where you delivered, you need to call a lawyer as soon as possible. In general, you only have two years to bring a personal injury lawsuit in our state. Although Florida has a different statute of limitations for medical malpractice suits for children younger than eight, a birth injury lawyer can help guide you through the process and make sure that you have everything documented and ready to go before the statutory deadline passes.

At Dolman Law Group, a medical malpractice suit for a birth injury is similar to other personal injury cases which we handle on a contingent fee basis. Our Boca Raton birth injury lawyers are paid nothing upfront to discuss the details of your case during a free consultation. In fact, our attorney's fees are only paid out of the settlement we negotiate or the verdict we recover from the court or jury.

How a Birth Injury Attorney in Boca Raton Can Help Recover Your Financial Losses

Recovering damages for a birth-related injury typically involves filing a medical malpractice claim. Florida requires a pre-suit investigation, including the opinion of a medical expert. Once the responsible medical professional has been notified, they have the right to respond with their own expert opinion. Even when negligence is clear, insurance carriers will deny claims and downplay your child's injury.

In the case of an injury that begins showing symptoms when your child is a bit older, the defense will likely claim that the symptoms are not related to the birth injury. Additionally, they will employ medical experts to agree with them and discredit your medical expert's opinion.

Medical malpractice cases are complex because of the extra steps involved. The skilled Boca Raton personal injury attorneys at Dolman Law Group are familiar with common counterclaims and defenses filed by insurance carriers, doctors, and hospitals and will fight to make sure you receive the best possible outcome for your unique situation.

Common Preventable Birth Injuries

A newborn can sustain injuries during childbirth that may lead to several different conditions. For example, Cerebral Palsy (CP) is the number one birth-related injury. It is treatable if proper measures are taken as soon as possible. Some examples of causes of CP and other birth-related injuries include:

  • Lack of monitoring and acting when fetal distress is present
  • Failure to perform an emergency Caesarean section (C-section) when necessary
  • Misdiagnosis or failure to diagnose a prolapsed umbilical cord
  • Improper use of a vacuum extractor or forceps during delivery
  • Failure to diagnose and address lack of oxygen supply to the baby's brain (hypoxia)
  • Failing to address placenta concerns
  • Failing to diagnose maternal diseases or conditions that might affect the baby
  • Miscommunication between medical professionals
  • Lack of proper testing to determine if the baby is in distress
  • Improper administration of medications during childbirth

Negligence during childbirth may result in birth-related injuries, such as:

  • Brachial plexus palsy (Erb's palsy) occurs when the upper arm is injured during birth, and the infant loses the use of the arm. Erb's palsy sometimes affects the shoulder and hand, too.
  • Bone fractures and skull fractures
  • Cephalohematoma can occur under an infant's skull and is often related to forceps use, which can create a heightened risk of cephalohematoma.
  • Caput succedaneum involves the swelling of a baby's scalp after delivery, often caused by the overuse or misuse of a vacuum and/or forceps.
  • Epidural injuries may lead to brain injuries, stroke, and coma because too much medication is administered during the epidural procedure.
  • Horner's syndrome is facial paralysis that is often a result of the misuse of birthing tools.
  • Spinal cord injuries may occur from an infection or blunt force trauma during delivery.

Who Can Be Held Responsible in Birth Injury Cases?

To successfully prove a birth injury claim, a skilled lawyer must provide evidence to support the legal elements of a medical malpractice claim.

  • First, the medical professional must have owed a duty of care to the mother and/or the child.
  • Then, the birth injury lawyer must show how the medical care provider failed to meet the legal standard of care.
  • Third, there must be sufficient evidence that the failure harmed the mother and/or child.
  • Last, the attorney must provide proof of the various losses and their financial value.

In most cases, the doctor and hospital are at fault in a birth injury, but nursing staff and other medical professionals involved with labor and delivery may also be liable in certain situations. When medications are involved, the pharmaceutical company may also be held liable in some cases. If a medical tool or apparatus malfunctions, we may be able to pursue compensation from the manufacturer. Often, medical malpractice claims are multiparty lawsuits that include the doctor and the hospital at the very least.

You will need an experienced birth injury attorney to help you gather the necessary evidence, records, medical reports, scientific research, and other forms of proof to support your claim for a personal injury related to the birth of your child. We understand what's at stake, and we know how to prepare a strong birth injury claim under Florida law. Reach out for a free consultation to learn more about how our skilled team of professionals can help you.

What Damages Can You Request in a Birth Injury Case?

If the court awards damages to you because your infant was injured during birth, it is likely that the damages that you recover will be compensatory to help you pay the injury-related expenses. The most common damages that may be recovered include medical costs, lost wages, and pain and suffering.

Medical Expenses

Medical bills from a birth-related injury can add up quickly. Depending on how serious your baby's injuries are, how long they had to be hospitalized, and the quality of your health insurance, you can easily amass tens of thousands of dollars in medical expenses. You can request payment of the medical costs that are directly related to your infant's injuries, including hospitalization, surgery, X-rays and other scans, medication, and physical therapy. In the case of permanent disability, you may also recover damages for long-term care and associated expenses.

Lost Wages

If you have to take time away from your job to be with your infant at the hospital or to provide care at home, you may also claim lost wages. Birth-related injuries sometimes don't show up until your infant is older. In some cases, you may be able to claim lost future wages for your child, referred to as future loss of earning capacity.

Pain and Suffering

Recovering damages for pain and suffering is common in personal injury cases. However, determining the full amount of these losses in a birth injury case is not an easy task. Your injury attorney will help you put a value on this category of damages by presenting evidence of the following items that the court will consider:

  • How severe is your child's injury?
  • How long will they suffer from complications?
  • How old is your child?
  • Is there any scarring or disfigurement because of the birth-related injury? If so, where is it located?
  • How much economic loss did you suffer because of your infant's injury?

Contact a Compassionate Boca Raton Birth Injury Lawyer at Dolman Law Group For a Free Consultation

The experienced birth injury attorneys at Dolman Law Group in Boca Raton can answer your questions, evaluate the merits of your case, and explain your legal rights. We understand the complicated steps of filing a medical malpractice suit and how important this legal process can be for your family. Call (561) 220-4963 or fill out our simple online form for a free consultation today.

Dolman Law Group Accident Injury Lawyers, PA
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431
Phone: 561-220-4963
Fax: 305-517-1306

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Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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