Birth Injury Lawyer in Big Pine Key

Living in the Florida Keys has many advantages. However, getting adequate maternal care can be challenging, especially when a mother or unborn child has complex medical needs. Access to maternity services is limited in the Keys. Expecting mothers may need to travel long distances to find good medical care. In some cases, the health of mother and child depends on quick referrals to mainland hospitals or split-second decisions by doctors and nurses.

Causes of Injuries During Birth

Birth injuries can happen for many reasons, as pregnancy, labor, and delivery carry certain risks. Complications can occur due to:  

• Pre-existing conditions of the mother
• The position and size of the baby
• Premature births
• Challenging and lengthy labor

When Is a Doctor Responsible for a Birth Injury?

Unfortunately, childbirth is not risk-free. Some birth injuries occur even with the best medical care. However, a reckless or careless medical professional sometimes causes a birth injury.

Generally, doctors or other medical providers can be held accountable for birth injuries that occur due to their carelessness during prenatal care, labor, and delivery. For example, you could have legal recourse against a doctor or nurse if they:

• Applied extreme force during delivery and birth
• Improperly used forceps or other assistive devices
• Failed to monitor the mother for conditions that could complicate labor and birth
• Failed to adequately monitor mother and child before, during, and after delivery
• Unreasonably delayed a necessary C-section
• Made a medication error

If a negligent healthcare professional caused your baby’s birth injury, Morgan & Morgan could help. Our birth injury lawyers in Big Pine can assess your claim, clarify your legal options, and move forward with a claim on your behalf. In the most difficult times of your life, we can be by your side and fight for what you deserve.

Birth injuries are physical injuries that occur during childbirth and can affect the baby or the mother. Sometimes, babies are born with a disability or injury. However, if a significant birth injury occurs due to the negligence of a medical professional, families could be entitled to damages.

Common Birth Injuries in Big Pine Key

Many birth injuries, such as bruising or swelling, are minor and clear up by themselves. However, a severe birth injury can be lifelong and include brain damage and disabling physical conditions.

Facial Paralysis

If a medical professional applies too much pressure to a baby’s face during delivery during a forceps or vacuum-assisted extraction, damage to the nerves and facial paralysis can occur. Symptoms of facial paralysis can include:

• The baby is unable to close the affected eye
• The paralyzed side of the face moves very little or not at all
• The face looks asymmetrical when the baby cries

Facial paralysis generally clears up on its own in a few weeks or months. However, in some cases, the affected muscles do not recover, and paralysis is permanent.

Erb’s Palsy

Erb’s palsy is a nerve injury that can occur when one side of the baby’s neck is overstretched during a long labor or difficult delivery. This type of injury can also happen when the baby must be delivered quickly, and a medical professional exerts considerable force while pulling the baby from the birth canal. Erb’s palsy may resolve over time in some babies. However, the condition can also cause loss of function, permanent disability, and a smaller arm on the affected side. Symptoms of Erb’s palsy can include arm weakness, loss of feeling, and paralysis.

Broken Bones

Bone fractures can occur when a baby is repositioned or pulled heavily during a complicated or prolonged delivery. According to Stanford Medicine, collarbone fractures can be common during labor and delivery. Femur fractures can occur if the baby’s leg is twisted during delivery. Fractures, unless complex, typically heal with time.

Lack of Oxygen

Oxygen deprivation, also called asphyxia, can occur during complicated labor and delivery. If a baby experiences prolonged oxygen starvation, the results can be devastating, including permanent brain damage and death. Lack of oxygen can also result in the following conditions:

• Cerebral palsy
• Epilepsy
• Autism
• Behavioral disorders

Cerebral Palsy

According to the Centers for Disease Control and Prevention (CDC), cerebral palsy is a common motor disability in childhood. While symptoms and severity of the condition can vary, sufferers typically experience issues with balance, motor control, and coordination. Cerebral palsy can develop naturally during pregnancy. However, a head injury or oxygen starvation during a challenging birth can also cause the condition.

Spinal Cord Damage

While spinal cord injuries are typically a rare complication during delivery, the consequences can be devastating and include:

• Loss of reflexes
• Lack of movement
• Respiratory distress
• Paralysis
• Death

Spinal cord injuries can occur due to a medical professional overstretching the spinal injury during birth.

This list of common birth injuries is not exhaustive; many other conditions and injuries can occur due to a doctor or nurse’s negligence. The medical expenses for a permanent birth injury such as paralysis or cerebral palsy can go into millions of dollars during an individual’s lifetime, causing financial chaos for families. If your child suffered a birth injury, you could hold the responsible medical professional or hospital accountable. 

The lifetime costs of a severe birth injury can be astronomical and cause a considerable burden for years to home. Families could face enormous care expenses, costs for modifying the home and vehicle, and others. The amount of compensation a family could receive for a birth injury depends on various factors, such as the permanence and scope of the injury and the costs anticipated for the care and medical needs of the child. However, you could pursue compensation for:

• Healthcare expenses and future expected medical costs
• Loss of wages and future loss of income
• Medical devices
• Long-term care costs
• In-home healthcare
• Rehabilitation therapies
• Additional education expenses such as speech or occupational therapy
• Pain and suffering
• Permanent disability
• Reduced life enjoyment

Receiving fair compensation for your current and future expenses due to a birth injury can be crucial for your family’s financial future and the health and well-being of your child. Morgan & Morgan is here to help parents fight for what their children need and deserve. 

Morgan & Morgan knows that no amount of compensation can turn back the time and undo the harm done to your child. However, our compassionate and determined lawyers could fight for the compensation your child needs to access the most innovative medical treatments and achieve the best possible life quality despite their injury. Moreover, receiving a fair settlement can help your family avert financial chaos, allowing you to focus on your child instead of worrying about the bills.

We can:

• Assess the circumstances of your child’s birth to determine whether a healthcare professional is responsible for the injury
• Determine your legal options for recovering damages
• Identify all parties liable for your child’s birth injury
• Gather proof of a medical professional’s negligence
• Build your case against the responsible party or parties
• Calculate your damages and future expected losses
• Negotiate a fair settlement with the responsible party’s insurance provider
• Fight your case vigorously at trial, if necessary

Morgan & Morgan never settles for less. We understand that our clients need the total value of their claims to rebuild their lives. Our birth injury lawyers are passionate about advocating for the rights of injured children. You don’t pay a dime unless and until we win your case and recover damages for you.

In newborn babies, a birth injury can be tricky to detect, with symptoms only showing months or years after the injury. Not all unusual symptoms result from a birth injury. However, consider visiting a doctor if your baby shows any of the following symptoms:

• An arched back while crying
• Weak reflexes
• Seizures
• Head swelling
• Light sensitivity
• Facial asymmetry
• Limp arms and legs
• Problems with swallowing or suckling
• Failure to thrive
• Muscle spasms
• Developmental delays

Your Next Best Steps if Your Child Shows Symptoms of a Birth Injury

If your child displays unusual symptoms, no matter how minor they may seem, visit your doctor immediately. Prompt diagnosis and early treatment could lessen a birth injury’s impact on your child. Early detection and intervention could also help address any cognitive effects of a birth injury and result in a better outcome or prognosis.

Crucially, if you suspect that a doctor or another healthcare provider caused your child’s birth injury, contact our birth injury lawyers in Big Pine Key as soon as possible. We can determine whether you have a legal claim and help you get justice for your child.

Births can be stressful and complicated, often demanding quick decisions from medical professionals. Common mistakes that can lead to birth injuries include:

• Administering the wrong medication
• Failure to detect fetal distress
• Using birth-assisting tools improperly
• Misdiagnosis or late diagnosis
• Delayed C-sections
• Failure to recognize maternal distress
• Aggressively turning and twisting the baby during delivery
• Failure to intervene in a prolonged labor

Not all medical mistakes qualify for a birth injury lawsuit. However, if a medical professional makes an error during the birth of your child, we can assess whether you are eligible for damages in a free consultation.

Expecting mothers undergo various tests assessing the health of their unborn child. Generally, doctors must inform you of any health issues or disabilities before birth. Therefore, your baby may have been misdiagnosed or suffered a birth injury if you expected to deliver a healthy baby, and your infant suffered an injury during delivery or was born disabled.

However, only a doctor can diagnose your child accurately. Therefore, if you suspect your baby’s injury happened due to negligence at the hospital, seek medical and legal advice as soon as possible.

Generally, you have two years to file a birth injury lawsuit in Florida. However, the deadline may be extended to four years if your child’s injury is not discovered until much later.

Having a child should be the most joyous time of your life. However, we understand that the reality of caring for a child with a severe birth injury can be overwhelming. Families could face unprecedented emotional, physical, and financial turmoil.

You don’t have to struggle on your own to get what you deserve. Morgan & Morgan wants you to get justice for your child if a careless doctor or nurse caused harm. Our birth injury lawyers in Big Pine Key could help you receive the compensation you need to care for your child now and in the future. Contact us today for a free consultation to find out how we can help.