Tampa Birth Injury Attorney
The birth of a child is an amazing event for parents, but birth injuries can result in tragic consequences. While some babies suffer from unavoidable medical conditions, most birth injury lawsuits happen due to poor prenatal care or negligent behavior during delivery. Doctors must use reasonable care and take every precaution against harm to mothers and their babies. Failing this, parents of injured babies can seek compensation for their losses through medical malpractice claims with the help of a qualified Tampa birth injury attorney.
Types of Birth Injuries
Birth injuries include any harm that befalls a baby before or during birth. Expectant mothers make regular visits with their prenatal care providers to prepare for delivery. During these visits, the attending physician has a duty to look for any signs of trouble or any issues that could complicate delivery or jeopardize the baby’s life. During delivery, doctors must only use approved methods for safely delivering babies.
Some of the most common birth injuries include:
- Injury to mother. This can include failing to prevent excessive blood loss during delivery, anesthesia errors, surgical mistakes, or any other action that harms a mother during delivery.
- Oxygen deprivation. If a baby is in distress in the womb, doctors must act quickly to save him or her. If a doctor fails to prevent oxygen deprivation, the baby can suffer cerebral palsy or other types of brain damage.
- Erb’s palsy. Babies must exit their mothers through an opening much smaller than they are. Shoulders are generally the most difficult part to leave the mother. If a delivery doctor does not exercise the appropriate care, the baby’s connective tissues in the arm, shoulder, and collarbone area could be damaged and cause nerve problems in the arm. A child with Erb’s palsy may have a diminished range of motion or minimal use of one of his or her arms, creating a lifetime of disability.
- Wounds from surgical instruments. Some complicated births require the use of surgical tools such as forceps. When used with excessive force or incorrectly, doctors can cause serious wounds to babies.
This is not a complete list, and there are countless possibilities for unfortunate injuries that can occur during delivery. When doctors cause injury to newborn babies or their mothers, the parents can seek restitution through a medical malpractice claim.
Winning Your Birth Injury Case
Filing a birth injury lawsuit in Tampa, Florida is similar to any other personal injury lawsuit with a few exceptions. First, the plaintiffs must prove that an official doctor-patient relationship existed between the plaintiff and defendant. Next, the plaintiffs must prove that the defendant had a duty to act with reasonable care, violated this duty in some way, and this failing resulted in injury to the infant and/or mother.
Parents of injured babies can sue for their medical expenses and any other financial losses resulting from the incident. One of the most common types of damages in these cases is pain and suffering. Although it seems difficult to quantify something like pain with a dollar amount, a judge will consider the facts of the case and any available expert witness testimony to determine an appropriate figure.
Many birth injuries can cause permanent damage or disabilities. Babies born with birth injuries likely face a difficult childhood or diminished ability to enjoy life. Parents can sue for the emotional distress caused by a birth injury. Doing so can secure compensation for future necessary medical expenses for their children.
The Tampa personal injury lawyers at Williams Law understand how devastating birth injuries are for Florida families. If you have endured such an incident in Tampa or the surrounding area, contact our office to schedule a free case evaluation. Our Tampa birth injury attorneys will meet with you to discuss the details of your case. Our firm is ready to put the full range of our resources and legal knowledge to work for you so you can secure the compensation you need to recover after a birth injury.