Birth Injuries

Birth Injuries2018-08-16T16:59:25+00:00

The birth of your child is a magical event: Your hopes and your dreams for your new child’s future are finally about to be realized.

When your child is injured, however, it can feel like the world has stopped spinning. You need answers. You need reassurance. You need to know you can protect your child.

At Probinsky, Chavez & Cole, we offer you our assistance in getting what you need to help your child.

What Is a Birth Injury?

When we talk about “birth injuries,” we are generally speaking of injuries sustained by a child during the birthing process. Not all of these injuries are permanent, but those that are often require years, even a lifetime, of care. These types of injuries are sometimes called birth traumas, and they include injuries like:

  • Cerebral Palsy
  • Brachial Plexus Injury, such as Erb’s Palsy or Klumpke’s Palsy
  • Hypoxic-ischemic encephalopathy (HIE)

Labor and delivery negligence can also lead to birth injuries. Labor is a difficult process even when everything goes perfectly.

A doctor or attendee who is negligent to your needs during labor or delivery can cause irreparable damage to the mother and the child.

What Are The Causes of Birth Injuries

Not all birth injuries are caused by negligence; some are the result of genetics, and the signs may not always show up on pre-term tests. However, the leading causes of birth injury related to negligence include:

Medical malpractice

Medical errors are the third leading cause of death in this country, and they contribute to the number of birth injuries in South Florida every year.

Failing to monitor mother and child, or to diagnose symptoms of an underlying problem, or making a mistake with a birth chart: all of these are considered acts of medical malpractice.

Delayed birth

When the birthing process has gone on for too long, the mother and the baby can go into distress. This will elevate the baby’s blood pressure, and puts pressure on the skull as well.

Delayed C-section injuries are among the most common, and the most dangerous, types of birth injuries there are.

Oxygen deprivation

When the fetal brain is denied oxygen, it can lead to permanent brain damage or even death.

Babies who are delivered too young, or who have the umbilical cord wrapped around their necks, or who should have been delivered by C-section as opposed to vaginally, are at an increased risk of oxygen deprivation.

Compensation For a Birth Injury

Depending on the severity of your child’s injury, he or she may need life-long care. Full-time caregiving is very costly, as are the various medication, prosthetics, therapies and adaptive technologies.

There is no guaranteed amount of money you may be awarded in a birth injury case; however, you may make a claim for:

  • Medical costs, both current and anticipated
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering

If your child is stillborn, or dies during the birthing process, you may also make a claim for the funeral expenses along with a wrongful death claim.

The attorneys at Probinsky, Chavez & Cole have  an in-depth understanding of personal injury law, and our aggressive Sarasota attorneys will work with you to hold negligent parties accountable when their errors lead to your loss.

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