Questions about Birth Injuries

Representing Orlando, the Four Corners, Tampa and Nearby Areas of Florida

How can a birth injury happen in the 21st century?

Unlike birth defects, which are congenital problems, birth injuries are caused by mechanical problems or lack of oxygen during childbirth. Most birth injuries are preventable with proper observation and care of the attending medical staff.

Because these injuries are largely preventable, the medical staff who caused the accident may be held liable for damages.

What kinds of birth injuries are possible?

Lack of oxygen is the leading cause of birth injury, which can result in cerebral palsy and other brain injury. While cerebral palsy presents itself immediately, some brain injuries are not noticed for months, or even years after certain developmental milestones are missed.

Mechanical injuries caused during birth, with improper use of forceps or vacuum assistance, may include:

  • Erb’s palsy
  • Fractures limbs
  • Dislocations
  • Cuts and bruises

How can I afford to pay for my child’s care?

Children who suffer neurological birth injuries, like cerebral palsy, Erb’s palsy, or spinal cord injury, will require a lifetime of medical care, special equipment, and rehabilitation. In some cases, the responsible parties may be held accountable in civil litigation.

If your childe suffered a neurological birth injury, you may be able to apply for help from Florida’s Neurological Injury Compensation Association (NICA). For eligible families, this organization can help with compensation without having to go through the process of litigation.

Who is liable for damages?

Birth injuries are usually caused by mechanical problems during birth, or failure of medical staff to respond effectively to emergencies. Hypoxia, or lack of oxygen to the brain may result in severe brain injury including cerebral palsy. In some cases, injury may have been avoided by properly diagnosing presentation issues ahead of time and electing a caesarean section rather than a vaginal delivery. This type of mistake may be considered medical malpractice, or at least negligence.

Who can help me?

If you do not qualify for assistance from the NICA, you should consider retaining a qualified birth injury attorney. They will help you establish the facts of the injury and hold those liable into account. We will work for you to get the compensation you and your childe deserve.

Colling Gilbert Wright & Carter has extensive experience aiding distraught families with birth injury cases. Find out how our attorneys can help you by calling (855) 880-4741 or completing our online form to schedule a free consultation.