Injuries that occur immediately before, after, or during the birth of a baby could impact the child permanently. When a medical professional’s negligence caused the injury, you could hold them accountable by bringing a lawsuit seeking compensation.
These cases are complex and require the assistance of a seasoned Kissimmee birth injury lawyer. Our attorneys at The Florida Firm have extensive experience in medical negligence cases. Local lawyers and other professionals choose our firm when they need representation in a birth injury case because of our record of success and our commitment to getting justice for our injured clients.
If your child has sustained a neonatal injury, speak to a skilled medical malpractice attorney at Colling Gilbert Wright, and we will fight to get your child the compensation they deserve.
Common Causes of Birth Injuries
Birth injuries differ from birth defects, which are usually referred to as congenital defects or abnormalities. A congenital abnormality is a genetic problem that a child develops regardless of the quality of medical care they receive. A child develops a birth injury owing to the care the mother received during her pregnancy, labor, and delivery, or the care the child received immediately after birth.
Some of the most common ways through which the birth team could cause harm to a baby include:
- Inadequate monitoring of the fetus
- Inappropriate response to fetal distress
- Delayed Caesarean section
- Improper administration of labor-inducing drugs and other medication errors
- Mishandling forceps or vacuum extractors
- Complications involving the umbilical cord
Birth injuries could also result from inadequate staffing, improper training, faulty equipment, and unhygienic conditions in the birthing area or surgical suite.
A healthcare practitioner or facility commits medical malpractice when a patient does not receive the same quality of care that other practitioners and facilities in the area provide. Medical malpractice constitutes any injury to a child that could have been prevented by applying more stringent procedures, better judgment, or more skill. A qualified attorney in Kissimmee could review the medical record and seek an opinion from an expert to determine whether there is adequate evidence to take legal action in a birth injury case.
What Are the Time Limits for Taking Legal Action Over a Birth Injury?
The statute of limitations for medical malpractice on minors is complex. Florida Statutes § 95.11(5)(c) establishes the statute of limitations for medical malpractice at two years from the date of injury in most cases. When the victim of medical malpractice is a minor, the two years do not begin until the child turns 18.
However, there is another limitation called a statute of repose. An injured minor must bring a lawsuit within seven years of their date of injury, meaning that the parents of a child with a birth injury must bring a lawsuit by the child’s eighth birthday.
Speak with a Kissimmee lawyer from The Florida Firm about the most advantageous time to bring a neonatal injury lawsuit. Sometimes, the full impact of a birth injury is clear immediately. In many cases, though, its impact on a child’s motor functioning, intellectual capacity, emotional regulation, and social skills does not become clear until the child matures and begins school.
What Compensation Can You Expect in a Birth Injury Lawsuit?
For a perinatal injury in Kissimmee, the amount of compensation that an attorney could secure for you depends on numerous factors. The extent of the child’s disability and the need for ongoing medical and supportive care influence the amount of compensation.
The behavior of the medical professionals involved also has an impact. When the hospital’s or doctor’s negligence seems extreme, a jury might award more money, and a malpractice insurer may be more likely to settle the case for a higher amount.
The legal team at Colling Gilbert Wright is adept at securing generous compensation in birth injury cases. We have had several verdicts and settlements between $2 million and $3.2 million for babies who suffered brain damage due to negligent response to fetal distress and delivery delays.
Contact a Kissimmee Attorney to Seek Justice if Your Child Has Sustained a Birth Injury
Some children recover well from birth injuries, but others suffer lifelong consequences. If medical negligence caused your baby harm, you have the right to seek compensation for them. Contact a Kissimmee birth injury lawyer at The Florida Firm to discuss your legal options. You owe us nothing unless we win compensation for you, so get in touch with us today.