At López & Humphries, P.A., we understand that welcoming a child into the world should be one of the most joyous events in a family’s life. However, when complications arise during childbirth, the experience can quickly become distressing. Unfortunately, some birth injuries are a direct result of medical negligence or malpractice. Our dedicated birth injury lawyers are here to help you navigate the legal complexities and secure the justice your family deserves.
Understanding Birth Injuries
Birth injuries can occur due to various factors, ranging from natural complications to medical errors. It’s crucial to differentiate between unavoidable circumstances and those caused by negligence. Here are some of the most common and severe birth injuries:
- Cerebral Palsy: A group of disorders affecting movement and muscle tone, often resulting from oxygen deprivation during birth. It affects approximately 1 in every 345 children in the United States.
- Erb’s Palsy: This condition involves damage to the brachial plexus nerves, which can lead to weakness or paralysis in the arm. It occurs in about 1-2 per 1,000 live births.
- Facial Paralysis: Damage to the facial nerves can cause temporary or permanent paralysis, frequently due to the use of forceps or vacuum extractors during delivery.
- Child Brain Damage: Can result from oxygen deprivation, infections, or physical trauma, leading to lifelong disabilities.
- Orthopedic Injuries: Fractures or dislocations during delivery can lead to significant long-term issues if not properly treated.
- Spinal Cord Damage: This rare but severe injury can cause permanent paralysis and other critical health problems.
- Temporary Paralysis: Often occurs due to nerve damage during delivery but can sometimes resolve with proper treatment.
- Group B Strep: A bacterial infection that can be passed from mother to child during delivery, potentially causing severe illness or death.
How We Determine Medical Negligence
The attorneys at López & Humphries, P.A. are adept at investigating the specifics of your case to uncover any instances of medical negligence. We thoroughly review all relevant medical records, including prenatal care, delivery notes, and postnatal care. Additionally, we consult with medical experts to understand if:
- Delivery Room Errors occurred
- The injury was preventable
- There was negligence by the medical staff, including nurse practitioners, midwives, anesthesiologists, or doctors
Our goal is to identify the exact cause of your child’s injury and hold the responsible parties accountable.
The Impact of Birth Injuries
Birth injuries can have a profound impact on both the child and their family. These injuries often result in:
- Permanent Physical Damage: Conditions such as cerebral palsy or brachial plexus injuries can lead to lifelong challenges.
- Emotional Distress: Families endure significant emotional strain, dealing with the trauma of the injury and ongoing care needs.
- Financial Burden: Medical expenses for treatment, therapy, and long-term care can be overwhelming.
Common Physical and Emotional Injuries Experienced by Mothers During Birth
Physical Injuries
Injuries to mothers during labor and delivery are more prevalent than often realized and can lead to complications that affect both the mother and the baby. Here are some common physical injuries mothers might experience due to medical negligence during childbirth:
- Preeclampsia: A pregnancy-induced hypertension that, if untreated, can lead to severe cognitive issues in the mother (encephalopathy) or even be fatal for both mother and child.
- Caesarean Section Complications: Poor surgical technique during a C-section can result in excessive bleeding, infections, scar tissue (surgical adhesions), bladder injuries, or accidental injuries to the child.
- Episiotomy Complications: Improperly sutured episiotomies can cause excessive bleeding, significant infections, or nerve injuries.
- Anesthesia Complications: Failure to monitor blood pressure, heart rate, and oxygen levels during the administration of anesthesia or spinal epidurals can result in serious side effects.
- Uterine Hyper-stimulation: Over-stimulation of the uterus, often due to improper administration of labor-inducing drugs, can cause severe complications.
- Vaginal Tears and Lacerations: Improper care during delivery can lead to severe tears and lacerations, requiring extensive medical treatment.
- Bruising and Broken Bones: These can occur due to improper handling or excessive force during delivery.
Emotional and Mental Birth Injuries
Physical injuries can be accompanied by significant psychological and emotional trauma. Undiagnosed and untreated psychological conditions can severely impact a mother’s ability to care for her newborn and herself:
- Postpartum Depression and Anxiety: These conditions can be debilitating, making it difficult for the mother to engage in daily activities and care for her child.
- Post-Traumatic Stress Disorder (PTSD): Traumatic birth experiences can lead to PTSD, characterized by severe anxiety, flashbacks, and emotional distress.
- Obsessive-Compulsive Disorder (OCD): The stress and trauma of childbirth can trigger OCD, leading to compulsive behaviors and intrusive thoughts.
- Suicidal Thoughts or Actions: In extreme cases, the psychological impact of birth injuries can lead to self-destructive behaviors or suicide if not properly addressed.
Damages Recoverable for Birth Injuries
Mothers who suffer from physical or mental injuries during childbirth due to medical negligence are entitled to compensation. The damages recoverable in a medical malpractice lawsuit can include:
- Medical Expenses: Costs related to ongoing treatment and medical care.
- Lost Wages: Compensation for income lost due to the inability to work.
- Physical Therapy: Costs for rehabilitation services to recover from physical injuries.
- Home Health Aides: Expenses for in-home care services.
- Psychological Counseling: Costs for mental health support and therapy.
- Physical Pain and Suffering: Compensation for the pain endured due to physical injuries.
- Emotional Distress: Damages for the emotional suffering experienced as a result of the trauma.
Our Commitment to You
At López & Humphries, P.A., we are dedicated to easing the burdens faced by families dealing with birth injuries. We work closely with medical experts to assess long-term care needs and aggressively pursue the financial compensation necessary to provide for your child’s future. Our compassionate and experienced legal team is here to support you every step of the way.
Contact Us for a Free Consultation
If you suspect that negligence caused your child’s birth injury, contact López & Humphries, P.A. for a free consultation. Our offices are located in Tampa, Orlando, Lakeland, and Sebring, and we are committed to serving clients throughout Florida. Let us help you secure the justice and compensation your family deserves.
At López & Humphries, P.A., we are dedicated to helping individuals secure fair compensation for personal injury claims. If you’re facing challenges due to an accident or injury, don’t hesitate to contact our expert team. Reach out for a free consultation and let us advocate for your rights and financial recovery. Trust us to be your steadfast ally in navigating the complexities of personal injury claims. Call us today at (863) 774-3573 or visit us at 2420 Florida Ave S, Lakeland, FL 33803. You can also fill out our online form to schedule your free consultation. There is no obligation, and we don’t get paid unless we win your case.
Frequently Asked Questions
What should I do if I suspect my child’s injury was due to medical negligence?
Contact a qualified birth injury lawyer immediately to review your case and advise you on the next steps.
Can birth injuries be prevented?
While not all birth injuries are preventable, many can be avoided with proper medical care and attention during pregnancy, labor, and delivery.
What kind of compensation can we receive for a birth injury?
Compensation can cover medical expenses, ongoing care costs, lost wages, and pain and suffering. Each case is unique, and a lawyer can help determine the appropriate compensation for your situation.
How long do I have to file a birth injury lawsuit in Florida?
In Florida, the statute of limitations for medical malpractice claims, including birth injuries, is generally two years from the date the injury was discovered or should have been discovered. However, specific circumstances may affect this timeline, so it’s essential to consult with a lawyer as soon as possible.