The arrival of a child is typically a moment of great joy, but when birth-related injuries result from medical negligence, it can become an overwhelming and heartbreaking ordeal for families in Hollywood, FL. If you believe your child has suffered a birth-related injury due to medical malpractice, it’s essential to understand your rights and options.
In this blog, we will explore the topic of birth-related injuries and pursuing medical malpractice and why consulting a dedicated personal injury lawyer in Hollywood, FL, is crucial. For expert legal guidance and support, contact the Barzakay Law Firm.
Understanding Birth-Related Injuries
Birth-related injuries can occur during labor and delivery, affecting both the newborn and the mother. These injuries may result from medical errors, negligence, or improper medical care. Common birth-related injuries are given below:
Cerebral Palsy: The condition results from oxygen deprivation during birth and can lead to lifelong physical and cognitive disabilities.
Erb’s Palsy: This condition is typically caused by excessive force during delivery, resulting in nerve damage that affects arm movement and strength.
Brachial Plexus Injuries: These injuries affect the network of nerves controlling the arms and hands, often resulting from complications during childbirth.
Hypoxic-Ischemic Encephalopathy (HIE): Oxygen deprivation during birth can lead to HIE, a condition that can cause brain damage and long-term developmental issues.
Considerations When Proving Liability in a Birth Injury Lawsuit in Florida
Proving liability in a birth injury lawsuit is a complex and critical aspect of seeking compensation for a birth-related injury caused by medical malpractice in Florida. To establish liability, you and your personal injury lawyer in Hollywood, FL, must carefully consider several key factors:
Medical Standard of Care: In Florida, medical malpractice cases require demonstrating that the healthcare provider deviated from the accepted standard of care. This means showing that the actions or decisions made during labor and delivery were not in line with what a reasonably competent medical professional would have done under similar circumstances.
Expert Testimony: Expert medical testimony is often essential in birth injury cases. Medical experts can analyze the medical records, the actions taken during childbirth, and the outcomes to provide opinions on whether negligence occurred. These experts can testify to what constitutes a breach of the standard of care.
Causation: It’s not enough to establish that the medical professional did not follow the proper standard of care; you must also prove that this deviation directly caused the birth-related injury. This can be a complex task, as other factors or pre-existing conditions may contribute to the injury.
Documentation: Thorough and accurate documentation is crucial. Your personal injury lawyer in Hollywood, FL, will gather and review medical records, documents, and any relevant evidence that can support your case. This includes prenatal care records, labor and delivery notes, postnatal records, and any communication between healthcare providers.
Expert Witnesses: Your legal representatives will collaborate with expert witnesses who will offer testimony concerning the standard of care, the factors leading to the injury, and the extent of the damages incurred. Their expertise lends credibility to your claims.
Witness Testimony: Witness statements, including those from nurses, other medical staff, or family members present during the birth, can also be valuable. They may provide insights into the events leading up to and during the birth.
Hospital Policies and Protocols: Your personal injury lawyer in Hollywood, FL, may investigate whether the hospital or healthcare facility had proper policies and protocols in place and whether these were followed. Failure to follow established protocols may indicate negligence.
Comparative Negligence: In Florida, it’s essential to consider the concept of comparative negligence. If there were actions or decisions on the part of the parents or the injured child that contributed to the injury, the final compensation may be adjusted proportionally.
Statute of Limitations: Florida has specific statutes of limitations for medical malpractice claims, including birth injury cases. It’s crucial to file your lawsuit within the prescribed time limits (two years in Florida) to preserve your legal rights.
Work With Our Seasoned Personal Injury Lawyers in Hollywood, FL
Navigating the intricacies of proving liability in a birth injury lawsuit in Florida requires legal expertise and access to medical professionals who can provide credible testimony. Working with a knowledgeable attorney is crucial for building a strong case and seeking justice for your child’s birth-related injury. Our seasoned personal injury lawyers in Hollywood, FL, are dedicated to helping families in the pursuit of justice and securing the compensation they deserve.Call the Barzakay Law Firm now at (800)487-8123 or visit our website to schedule a consultation.