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Birth Injury Lawyer in Pembroke Pines
Birth Injury Lawyer in Pembroke Pines
July 23, 2020 admin

Birth Injury Lawyer in Pembroke Pines

While the majority of births in the United States are relatively safe, birth injuries to mothers and their babies are on the rise. According to the Birth Injury Guide [1], 6 to 8 out of every child born in the United States is born with some kind of trauma. For 2015, this total comes out to 28,000 injuries each year, 2,300 injuries each month, and 538 injuries each week.

The risk to mothers has been increasing steadily as well. According to the CDC, between 2000 and 2014, the mortality rate for a woman giving birth in the United States has increased by over 26%, and between 20% and 50% of these deaths were caused by conditions that could have been prevented, including infections, high blood pressure, and hemorrhages.

If you or your child were injured while giving birth, you may be entitled to compensation. The Pembroke Pines birth injury lawyers with Schlacter Law have the experience and know-how to make sure you get the compensation you deserve following a birthing error. Call our birth injury law firm today.

What causes birth injuries in Pembroke Pines?

There are a wide variety of causes of injuries that can occur during and immediately after birth. Some causes include:

  • Improper diagnosis
  • Using forceps improperly
  • Failing to perform a timely C-section
  • Failing to monitor a fetal heart rate
  • Failing to perform a C-section when medically necessary
  • Failing to get oxygen to the baby
  • Improper use of delivery medication
  • Failing to follow correct procedures

The 2020 [2] lists delayed births as one of the leading causes of birth injuries to mothers and their babies. Immense pressure lasting over long periods of time become difficult for the brain to withstand. Labor lasting 18 hours or more can compound this stress and cause a baby’s blood pressure to increase. More injuries can occur the longer a birth is delayed.

Oxygen deprivation is another leading cause of injuries. Babies born prematurely or who have a low birth weight may not have properly developed lungs to adequately supply oxygen during birth. The effects of a lack of oxygen can be mild but oftentimes can create conditions that impair an individual for the rest of their lives.

Medical malpractice is another one of the most common causes of injuries. When medical professionals fail to use the duty of care appropriate for the situation, they put the mother and her child at risk. From improper technique to improper medications, there are numerous ways doctors fail to prevent these injuries. When an error is identified, often it is to late to reverse the effect of the harm.

Labor can oftentimes be dangerous. It is imperative that medical staff use the proper techniques during pregnancy. Failing to do so creates an undue danger. If your child was injured during birth, you may be able to seek compensation for an error made during the birthing process. Birth injury claims may be the best route to alleviate some of the harm. Contact a birth injury lawyer in Pembroke Pines for help in evaluating a claim.

Types of birth injuries

There are numerous ways a baby and its mother can be injured during birth. According to the [1], the ten most common types of birth injuries suffered by babies include:

  • Brachial Plexus Palsy (Erb’s Palsy)
  • Cephalohematoma
  • Bone fractures
  • Perinatal asphyxia
  • Caput succedaneum
  • Subconjunctival hemorrhage
  • Intracranial hemorrhage
  • Spinal cord injuries
  • Facial paralysis
  • Cerebral palsy

Other types of common injuries include:

  • Brain damage
  • Jaundice
  • Skull fractures
  • Paralysis
  • Stillbirths

In addition to injuries sustained by the baby, mothers can also suffer from severe injuries during birth. Some common injuries suffered by the mother include:

  • Perineal tears
  • Nerve damage
  • Uterine ruptures
  • Abdominal muscle damage
  • Pelvic collapse
  • Vaginal tears
  • Anal fissures

Far too often these types of injuries could have been avoided had the hospital or medical staff had been more cautious during birth. While some injuries may only be temporary, some injuries can have lifelong consequences for both the child and the mother, requiring ongoing medical care well into the future. These costs can be overwhelming. When a birth trauma strikes a hard financial toll, compensation could be available. Talking with a lawyer is the first step in seeking compensation. With years of experience, a Pembroke Pines birth injury attorney has the necessary understanding of these issues and knows what needs to be done.

Florida Statute of Limitations

When harm occurs in Florida, a claim for compensation through a lawsuit must be filed within a very specific time period. This period of time is known as the statute of limitations, and failing to file a lawsuit within this time window could result in a dismissal of any lawsuit, and thus losing out on any opportunity to seek compensation.

In most cases where an individual is injured in Pembroke Pines, or anywhere in the state of Florida, the statute of limitations would be four years from the time the damage occurred for negligence or two years for a medical malpractice lawsuit.  Failing to file within this two-year window may eliminate a victim’s ability to receive compensation in a medical malpractice case.

Generally, the statute of limitations begins when the injury occurs. Unfortunately, not all birth-related injuries are apparent at the time they occurred. Some injuries take time to develop and manifest symptoms. Under these circumstances, the statute of limitations may not begin until the injury is known. However, it is recommended never to wait to file a lawsuit.

Evaluating the statute of limitations can be complicated. Missing a deadline can be the difference between receiving compensation and losing out on any opportunities to receive money in a lawsuit. Due to this complexity, speaking with an attorney is essential in fighting for the compensation you deserve. If you or your child were injured as a result of a medical error, call a birthing trauma lawyer in Pembroke Pines today.

Recovering Compensation

There are different types of compensation available following a successful lawsuit. The three main types of compensation available in Pembroke Pines:

  • Economic losses
  • Non-economic losses
  • Punitive damages

Economic losses are those that are the easiest to calculate. These are typically bills and costs directly associated with the injury. They might include:

  • Medical treatment costs
  • Lost wages
  • Physical therapy
  • Home health care

Economic losses are typically calculated by looking at the out-of-pocket expenses an injured party had to pay as a result of the injury. It could also include any money lost as a result of being unable to work because of the injury.

Non-economic losses are usually more difficult to calculate since their actual cost can vary greatly. These kinds of loses could include:

  • Psychological counseling
  • Physical pain
  • Emotional suffering

Additionally, some non-economic losses could extend years and even decades beyond the end of a lawsuit. As a result, it is essential to make sure that any compensation attempts to calculate the long-term costs associated with the injury. For example, pain from an injury could continue for years, and some of the costs associated with managing that pain may increase over time.

Punitive damages are a third kind of loss recoverable in a lawsuit. Punitive damages are designed to punish a party for behavior that is extremely egregious and these damages are used in an attempt to prevent this type of behavior in the future. Punitive damages are uncommon and are usually provided only in cases where the defendant acted with gross negligence or intentional misconduct.

The types and amounts of compensation available following a successful lawsuit will vary greatly and is determined in great part by the severity of the injury. In cases where both the mother and the child were injured during birth, compensation would be calculated on both the known and the unknown costs over time that resulted from the injury. These types of calculations can be very difficult to establish. A lawyer in Pembroke Pines has the experience necessary to know how to make these calculations. With years of understanding the long-term costs associated with a birth injury, a birth injury attorney can help you get the compensation you deserve.

How We Handle Cases

  1. Investigation
    • Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
    • You will remain in constant contact with Schlacter Law about the progression of your case.
  2. Negotiation
    • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
    • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
  3. Litigation
    • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
    • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.

 

Frequently Asked Questions

How much would a lawyer cost?

Attorneys typically work on a contingency fee basis when it comes to personal injury negligence cases. This means a client would not have to pay any money out of pocket, and instead, the lawyer would be paid out of a successful insurance settlement or a lawsuit. Usually, this fee would come to 33.33% to 40% of any of the compensation recovered. If you’re concerned that you might not be able to afford a lawyer this fee arrangement can help mitigate this concern. As the best birth injury lawyers in Pembroke Pines, we will work hard to help get you the compensation you need while remaining affordable.

My child has developed issues following an injury they sustained as a newborn. Can I still get compensation years later?

Even when childbirth injuries take years to develop, it may still be possible to get compensation for birth injuries in newborns that take years to develop. While the statute of limitations for medical malpractice cases generally only provides a two-year window to file a lawsuit, the amount of time a claimant has to file a lawsuit may be tolled until the injury is discovered, or reasonably would be discovered. Under these circumstances, a claimant would have two years from the time they discovered the injury. Contact Schlacter Law today to ensure that there is still sufficient time to file a lawsuit.

Are the mother’s injuries also covered?

Any injuries related to birth would typically be covered, even if the injury was sustained by the mother. The statute of limitations would still apply, and in medical malpractice cases, this would mean a claim would need to be filed within two years of the injury. Talk with a Pembroke Pines birth injury lawyer today to ensure that there is enough time to file a claim.

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