Birth injuries in the United States are staggering. Still, the prevalence is not often mentioned in news reports. Did you know that for every 1,000 babies born in the U.S. approximately seven are injured during labor or delivery? Most of those injuries happened through the negligence of a health care professional. According to the National Healthcare Quality Report, nearly 160,000 avoidable injuries to babies and their mothers have occurred.
In Broward County, medical negligence cases including malpractice happen frequently. Not all of them are related to birthing injuries. However, the CDC reports that birthing trauma is the third leading cause of infant mortality. When you go into the hospital to have your child you want to place your faith in the doctor.
Unfortunately, doctors are human and mistakes can happen. This becomes clear when you consider the number of birth injuries that occur each year. The consequences of a birth injury can be severe. Often, they can lead to lifelong complications, if not death. You do not have to deal with the consequences of a health care worker’s negligence alone.
Get the compensation you deserve for medical expenses and more. Call Ft Lauderdale birth injury lawyer Brian Pabian today to discuss the particulars of your case.
Birth Injury Causes in Florida
Childbirth is risky, inherently. However, you expect medical staff to be prepared to handle worst-case scenarios. Birth injuries in Fort Lauderdale, Florida tend to happen when:
- Medication is administered improperly, especially Pitocin (labor-inducing drug).
- Failure to follow delivery room protocols.
- Incorrect use of delivery room tools, equipment or improper use of forceps.
- Failure to monitor patients in the delivery room.
- Failure to perform C-Sections in a timely manner.
- Lack of fetal heart rate monitoring.
- Delaying vaginal birth improperly.
- Lack of oxygen to the baby’s brain (birth asphyxia).
- Mishandling of the baby (dropping the infant).
If any of these have happened to you, call for legal counsel right away. Brian Pabian is a Ft Lauderdale birth injury lawyer and he can help you. Call 954- 859-5145.
Common Birth Injuries in Fort Lauderdale
Some birth injuries can happen naturally. However, many occur when your health care workers are careless or negligent in their care. Personal injury cases stemming from birth trauma can include the following injuries:
- Hypoxia: Where the brain is deprived of oxygen.
- Spinal cord damage: Damage to the spinal cord where it is bruised, sliced or torn. This can result in numerous conditions such as cerebral palsy or brachial plexus.
- Brain damage: Most often caused by too much pressure from forceps or vacuum.
- Paralysis or lack of movement in limbs: Erb’s Palsy
Of course, the worst incident is one where the baby dies through the negligent actions of those in the delivery room. When these injuries occur, the medical personnel are potentially liable. This can include the nurses, OB/GYN, doctors, attending doctors and others.
Getting Help from Florida Birthing Injury Attorneys
In order to receive birthing injury compensation, you must prove negligence on behalf of the hospital, doctors or staff. Failure to provide reasonable care is based upon the premise that no other doctor in the same situation would have behaved in the same way.
Compensation includes payment for lost wages, pain and suffering, and emotional distress. You could even receive compensation for ongoing treatment the child may need indefinitely. Two questions must be satisfied in order to proceed with a case:
- Did the medical professional do something that caused harm to you or your baby?
- Did the medical professional fail to do something that brought harm or injury to you or your baby?
A personal injury case involving a birth injury is a different type of case compared to one over a car accident. Many personal injury lawyers in Fort Lauderdale also handle birthing injury cases. However, but the procedures for proceeding are slightly different. The personal injury law firm will first speak with you to get the facts specific to your case. Then, they will seek out a medical expert willing to testify on your behalf.
Speak to a Ft Lauderdale birth injury lawyer at the Brian Pabian law firm. Hold your health care facility or its doctors responsible for the harm done to you or your child. Call 954- 859-5145, today.
Pursuing Compensation for Birth Injuries in Fort Lauderdale
Among the first steps in bringing a Ft. Lauderdale birth injury lawsuit is to take action quickly. In Florida, there is a statute of limitations on filing claims of negligence. After this time you are most likely no longer eligible to receive compensation for any damages. However, the statute of limitations may vary.
As a general rule, you have two years to file the case after the time of the injury. Though, this rule can be flexible if your child later develops injuries. For instance, your child may seem fine and then later developed a problem. And if that medical issue can be directly linked to negligence at birth, then you have two years from that time to file a claim.
Florida is unique in that only the Sunshine state and Virginia have specific laws governing birth malpractice. In most states, malpractice is all under one category, regardless of the type of negligence. In Florida, a program called the Florida Birth Related Neurological Injury Compensation Act (NICA) does not place the burden of proof on the parents.
Instead, depending on the birth injury, you do not have to prove fault. However, you still have to file a claim. You must prove the injuries occurred during labor and delivery, or during post-delivery care. This only applies if your OB was a member of NICA, though.
How Brian Pabian Can Help With your Birth Injury Case
One of the first steps is to have a case evaluation with the law firm of Brian Pabian. He and his team will thoroughly review the specifics to your case for free. Additionally, they will explain the next steps to take. Some of the first steps include estimating the compensation to which you are entitled.
This can include compensation for the following:
- Medical bills
- Lost wages (current and future)
- Accommodations for the home, pain, and suffering (physical and emotional
- Projected compensation for future medical needs of your child
Gathering key documentation and speaking with witnesses is a crucial step in the process. What was said in the delivery room? What did those working in the room view? Additionally, what were the procedures taken? Are there other medical professionals who are willing to review the case and testify on your behalf? All of these are taken into account when you meet for your free consultation at the law offices of Brian Pabian.
If you or your child have suffered at the hands of a medical professional as a result of a birth injury, call Brian Pabian today while there is still time. You have a right to receive compensation.
About Ft. Lauderdale
Fort Lauderdale has approximately 160,000 residents that swells into the millions during peak tourist season. Fort Lauderdale, a city in South Florida, has more than 30 hospitals. Residents enjoy easy access to healthcare throughout Broward County. Fort Lauderdale is one of 30 cities located within Broward. Additionally, Broward is apart of the region’s tri-county area that includes Miami-Dade County and Palm Beach County, home to Boca Raton.
Ft. Lauderdale Information
Tourism is one of Ft. Lauderdale’s largest industries, accounting for more than 100,000 jobs. Tourists spend in excess of $10 billion dollars each year and use the infrastructure of the area including the cultural venues and seashores. Some of the more critical city departments are listed below.
Ft. Lauderdale Courthouse
201 SE 6th St, Fort Lauderdale, Fl 33301
Ft. Lauderdale Medical Center
1600 S. Andrews Avenue
Fort Lauderdale, FL 33316
Ft. Lauderdale Police Department
1300 W Broward Blvd, Fort Lauderdale, FL 33312
Ft. Lauderdale Fire Department
528 NW 2nd Street Fort Lauderdale, FL 33311
Ft. Lauderdale City Hall
100 N Andrews Ave, Fort Lauderdale, FL 33301