If your child sustained a birth injury due to a medical provider’s negligent error, do not hesitate to contact the St. Petersburg personal injury lawyers of Jurewitz Law Group Injury & Accident Lawyers. You might be entitled to compensation for any hospitalization, medical costs, or other expenses incurred from the medical error.
A birth injury happens when a healthcare professional’s error harms the baby during pregnancy, delivery, or post-birth. The doctor’s job is to monitor the mother and unborn child during the gestational period to ensure their health and safety. Doctors should address any issues that arise and create a plan to mitigate complications.
A range of problems can increase the risk of a birth injury. Sometimes, planning for a cesarean section is necessary. Or the doctor might recommend bed rest until delivery. No matter the obstacle, healthcare professionals should find a way to overcome it and advise the mother on the available options.
At Jurewitz Law Group Injury & Accident Lawyers, our birth injury attorneys in St. Petersburg, FL, understand the trauma of discovering your baby sustained an injury because your doctor or another healthcare professional didn’t provide adequate care. We are ready to represent you in your case against them to recover the compensation you deserve. You can count on us to advocate for your rights and fight for justice. We will treat you as a priority and try to reach the best possible outcome.
Learn more about what Jurewitz Law Group Injury & Accident Lawyers can do for you by calling us at (727) 605-1100 today for your free consultation.
Types of Birth Injuries
Multiple scenarios can arise that injure a baby during pregnancy or childbirth. The extent of the injury typically depends on the type of medical error. Some are only minor and require minimal treatment to heal, while others are life-threatening and can lead to long-term medical problems.
The most common birth injuries include:
- Cystic fibrosis
- Brain damage
- Placental abruption
- Tissue or blood vessel damage
- Breech birth injuries
- Erb’s palsy
- Cerebral palsy
- Cephalohematoma
- Shoulder dystocia
- Broken bones
- Spina bifida
- Spinal cord injuries
- Oxygen deprivation
- Hemorrhaging
- Facial paralysis
If your son or daughter suffered any type of injury, you should immediately get them the medical care they need. You should also contact Jurewitz Law Group Injury & Accident Lawyers to determine whether negligence is the reason for the injury. We can review the circumstances and advise whether we can represent you in a lawsuit against the at-fault party.
Common Warning Signs of a Birth Injury
A range of warning signs can indicate a birth injury. Sometimes the injury is obvious immediately after childbirth. However, some injuries don’t cause symptoms until various later stages in the child’s development.
The most common warning signs that appear after delivery include:
- Excessive drooling
- Lethargy
- Broken bones
- Seizures
- A pale or blue appearance
- Vomiting
- Trouble swallowing or eating
- Bulging head
- Difficulty breathing
- Rashes
- Sensitivity to light
A birth injury might not show any visible symptoms until months or years after the baby is born. The warning signs you should look for to determine whether a healthcare provider made an error that resulted in your child’s injury include:
- Difficulties with speech
- Inability to swallow or eat
- Lethargy
- Trouble with balance or coordination
- Vision or hearing problems
- Never laughs or smiles
- Underdeveloped or undeveloped motor skills
- Trouble walking
- Poor reflexes
- Inability to solve simple problems
Only a qualified medical professional can diagnose and treat a birth injury. You should schedule an appointment the second you notice your baby exhibiting unusual symptoms. If left untreated, a birth injury can be permanent and lead to lifelong problems as the child grows.
Causes of Birth Injuries
Doctors are supposed to monitor the progress of a woman’s pregnancy closely. They must perform examinations and determine whether any conditions exist that could cause complications during childbirth. The medical team is responsible for keeping the mother safe and delivering the baby using the best method to avoid injury or death.
The most common causes of birth injuries include:
- Delaying a necessary Cesarean section
- Failing to detect maternal or fetal distress
- Using forceps or vacuum extraction incorrectly or unnecessarily
- Pulling or twisting the baby too hard during delivery
- Failing to monitor the mother and baby’s health during pregnancy
- Failing to diagnose or misdiagnosing a medical condition that can endanger the mother or baby
- Inadequate prenatal care
- Prescribing a dangerous medication or failing to check for possible adverse interactions
- Mishandling a premature delivery
- Unnecessarily using labor-inducing drugs
- Failing to identify a high-risk delivery and create a safe birthing plan
The St. Petersburg birth injury attorneys of Jurewitz Law Group Injury & Accident Lawyers believe our clients should have excellent legal representation when their child suffers a preventable injury. You shouldn’t be financially responsible for your incurred costs when your doctor is the one who behaved negligently. Your son or daughter can’t speak for themselves, so it’s up to you to be their voice and fight for them.
How Medical Device Defects Can Cause Birth Injuries
Doctors use a range of equipment, devices, and tools during a mother’s pregnancy and while delivering the baby. A medical provider could be liable for using a defective medical device that injures the child.
Defects make products unsafe to use. A defective medical device, equipment, or tool could malfunction and cause an injury despite the doctor using it as intended.
The most common types of defective medical devices include:
- Extraction devices
- Sponges
- Towels
- Masks, gloves, and other personal protective equipment
- Syringes
- Drugs
If your doctor wasn’t aware of the defect, you might be able to hold the manufacturer liable. Manufacturers can make errors at any stage of the manufacturing process. These errors can result in dangerous products ending up on the market.
Common types of errors that can cause defects in a medical device include:
- Marketing the equipment as safe despite knowing about the defect and risk of injury or death
- Using a poor design or ineffective materials
- Failing to provide adequate warning labels to inform patients and doctors of potential dangers
- Mishandling the tool during packaging causes contamination
- Installing a part incorrectly
- Using faulty bolts or screws while assembling the device
Medical providers should warn expectant mothers of possible risks they could face while taking prescribed medication or undergoing a procedure with specific equipment. Understanding expected side effects and what to do if an adverse reaction occurs is vital. If your doctor knew about the defect and didn’t advise you or used the product anyway, they could be liable for the birth injury.
Compensation for a Birth Injury
Medical providers and facilities often carry medical malpractice insurance. You could file an insurance claim to seek a settlement for the birth injury. The money you recover might compensate you for losses, such as:
- Medical bills
- Pain and suffering
- Lost wages
- Lost earning capacity
- Emotional distress
- Out-of-pocket expenses
- Loss of enjoyment of life
Punitive damages might also be recoverable if you file a medical malpractice lawsuit. You must provide clear and convincing evidence that the defendant acted with gross negligence or intentional misconduct to receive this type of financial award.
You could file a wrongful death lawsuit if your baby sustained a fatal birth injury. The compensation you receive could cover various losses, such as:
- Medical bills related to the birth injury
- Loss of love and companionship the child can no longer provide
- Funeral and burial expenses
- Mental pain and suffering endured after the death
Jurewitz Law Group Injury & Accident Lawyers understands that no amount of money can bring your child back or make up for the suffering you experienced. However, we hope a financial award can ease the financial burden of paying medical bills, funeral costs, and other expenses. Our St. Petersburg birth injury attorneys will try to hold the negligent party accountable for their misconduct and aggressively seek the maximum possible compensation.
Statute of Limitations for Birth Injuries
You must file your lawsuit within the period outlined by the statute of limitations for a medical malpractice case. The statute allows a two-year timeframe to file. That means you must initiate your lawsuit against the negligent medical provider within two years from the date of your baby’s injury.
Sometimes, birth injuries aren’t apparent in the immediate aftermath of a medical error. It could take a while to notice that something’s wrong with your baby. If the two-year timeframe passes, you could file your lawsuit within two years from the date you discovered or should have reasonably discovered the medical malpractice. However, you can’t file suit more than four years from the date of the incident.
Florida also imposes a wrongful death statute of limitations. It provides a two-year timeframe to file a lawsuit. That means you have two years from the date of your baby’s death to initiate your lawsuit against the healthcare professional.
Contact Us
Since 2007, Jurewitz Law Group Injury & Accident Lawyers has fought for the rights of parents with children suffering from birth injuries. We know it affects every aspect of your life and your child’s life. No one wants to see their infant struggling because of a medical professional’s error. You should have the opportunity to seek legal action and recover compensation so you can afford the medical bills and other costs related to your baby’s birth injury.
Our birth injury attorneys in St. Petersburg don’t want to burden you with additional expenses. We take cases on contingency, so you’re not responsible for upfront fees or costs. We won’t expect payment for our legal fees unless we successfully obtain compensation for you.
If a doctor’s negligence caused your baby’s birth injury, call Jurewitz Law Group Injury & Accident Lawyers for your free consultation at (727) 605-1100.
