Florida Birth Injury Lawyer
At Rafferty Domnick Cunningham & Yaffa, we understand that birth injuries caused by medical malpractice are life-altering events that can leave families emotionally and financially overwhelmed. A birth injury caused by medical negligence during labor or delivery can have long-term, devastating effects on both the child and the parents. Conditions such as cerebral palsy, Erb’s palsy, and brachial plexus injuries can impose significant medical costs, necessitate ongoing care, and result in emotional pain and suffering. Our experienced attorneys specialize in representing families affected by birth injuries and medical malpractice, helping them pursue justice and compensation to ensure their child’s needs are met.
Common Birth Injuries Resulting from Medical Malpractice
Birth injuries caused by medical malpractice can range from mild to severe and often have long-term consequences for the affected child and their family. These injuries occur when healthcare professionals fail to provide the accepted standard of care during pregnancy, labor, or delivery, resulting in harm to the baby. Below are some of the most common birth injuries that may arise from medical negligence, along with explanations of how they occur and the potential impact on a child’s life.
Cerebral Palsy
Cerebral palsy (CP) is one of the most serious and life-altering birth injuries that can result from medical negligence during childbirth. It is a group of neurological disorders that affect a person’s ability to move, maintain balance, and coordinate muscles. CP is often caused by a lack of oxygen to the baby’s brain during delivery (birth asphyxia) or by trauma during labor.
Delayed C-Section
If fetal distress is detected but the healthcare team fails to perform a timely C-section, the baby may suffer oxygen deprivation, which can lead to cerebral palsy.
Improper Use of Delivery Instruments
The misuse of forceps or a vacuum extractor during delivery can cause brain trauma, contributing to CP.
Failure to Monitor Fetal Vital Signs
If fetal heart rate monitors indicate distress and the medical team does not act quickly, the baby may suffer from oxygen deprivation.
Long-term Impact
Children with cerebral palsy often require ongoing physical, occupational, and speech therapy to manage symptoms. Some may need assistive devices, surgeries, and specialized education throughout their lives. The severity of CP can vary from mild motor difficulties to profound physical and cognitive impairments, depending on the extent of the brain injury.
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Erb’s Palsy
Erb’s palsy is a form of brachial plexus injury that occurs when the group of nerves responsible for movement and sensation in the shoulder, arm, and hand are damaged. This injury is often the result of excessive force applied during delivery, particularly in cases of shoulder dystocia, where the baby’s shoulder becomes stuck behind the mother’s pelvic bone.
Improper Handling of Shoulder Dystocia
When a baby’s shoulder becomes stuck during birth, healthcare providers are required to use specific maneuvers to safely deliver the baby. Excessive pulling on the baby’s head or neck can stretch or tear the brachial plexus nerves, causing Erb’s palsy.
Misuse of Forceps or Vacuum Extractor
The improper application of these tools can also result in nerve damage if too much force is applied.
Long-term Impact
Erb’s palsy can result in weakness, loss of sensation, or even paralysis in the affected arm. While some children recover with physical therapy, others may experience permanent disability and require surgery to improve function.
Brachial Plexus Injuries
Brachial plexus injuries involve damage to the nerves that control movement and feeling in the shoulder, arm, and hand. These injuries can range from mild nerve strain to complete tearing of the nerves, depending on the severity of the trauma. While Erb’s palsy specifically affects the upper part of the arm, other forms of brachial plexus injuries can impact the entire arm.
Excessive Force During Delivery
When a baby is large or in a difficult position, doctors may apply excessive force to deliver the baby, causing the brachial plexus nerves to stretch or tear.
Failure to Perform a Timely C-Section
In cases of difficult labor, especially when the baby is large or poorly positioned, a C-section may be necessary. Failure to perform one in time can result in increased risks of brachial plexus injuries.
Long-term Impact
Children with brachial plexus injuries may face challenges with mobility and sensation in the affected arm. While some children recover with therapy, others may have lasting impairments that affect their ability to perform daily tasks.
Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-Ischemic Encephalopathy (HIE) is a type of brain injury that occurs when a baby’s brain doesn’t receive enough oxygen (hypoxia) and blood flow (ischemia) during birth. HIE can lead to serious neurological disorders, developmental delays, and motor impairments. It is one of the most devastating birth injuries and is often associated with cerebral palsy.
Failure to Monitor Fetal Oxygen Levels
Healthcare providers must carefully monitor the baby’s heart rate during labor. If there are signs of oxygen deprivation and the medical team fails to act, HIE can occur.
Delayed C-Section
If there are signs of fetal distress, such as a dropping heart rate, and the delivery team does not perform a C-section promptly, the baby may suffer from oxygen deprivation.
Improper Management of Umbilical Cord Complications
Issues such as a prolapsed umbilical cord (when the cord slips into the birth canal ahead of the baby) can cut off the baby’s oxygen supply, leading to HIE if not addressed immediately.
Long-term Impact
Children with HIE often experience cognitive impairments, developmental delays, and motor skill challenges. Severe cases can result in permanent physical and intellectual disabilities. Long-term care may include physical therapy, special education, and adaptive equipment.
Birth Asphyxia
Birth asphyxia occurs when a baby is deprived of oxygen during the birthing process, potentially causing brain damage, organ failure, or death. It can happen due to various factors such as problems with the umbilical cord, prolonged labor, or improper use of delivery tools.
Failure to Act on Signs of Fetal Distress
If a baby’s heart rate drops or there are other indications that the baby isn’t receiving enough oxygen, medical professionals are responsible for acting quickly. Failure to intervene can result in oxygen deprivation.
Mismanagement of Umbilical Cord Issues
Conditions such as umbilical cord prolapse, where the cord slips into the birth canal before the baby, can cut off the baby’s oxygen supply. Immediate action is required to prevent asphyxia.
Long-term Impact
Birth asphyxia can lead to a range of neurological disorders, including cerebral palsy and HIE. In severe cases, it can cause death or significant, lifelong disabilities. Survivors may need extensive medical care, rehabilitation, and adaptive equipment to manage their condition.
Shoulder Dystocia
Shoulder dystocia is a complication during delivery in which the baby’s head is delivered, but one or both shoulders become stuck behind the mother’s pelvic bone. This condition can lead to nerve injuries such as Erb’s palsy, fractures, or oxygen deprivation if not handled correctly.
Improper Delivery Maneuvers
When shoulder dystocia occurs, the delivery team must use specific, carefully managed techniques to free the baby’s shoulder. Failure to perform these maneuvers correctly can result in nerve damage or fractures.
Excessive Force During Delivery
Applying too much force while attempting to deliver the baby’s shoulder can result in serious nerve injuries or broken bones.
Long-term Impact
Shoulder dystocia can lead to permanent nerve damage, broken bones, or other complications. Some children may require surgery or ongoing therapy to recover function, while others may face long-term disability.
Each of these birth injuries can be devastating, and they are often preventable with proper medical care. At Rafferty Domnick Cunningham & Yaffa, we specialize in holding healthcare providers accountable when their negligence leads to birth injuries. Our legal team is dedicated to helping families secure compensation for the medical treatment and support their children will need in the future. If your child has suffered a birth injury due to medical malpractice, contact us today for a free consultation.
How Rafferty Domnick Cunningham & Yaffa Can Help
Filing a birth injury lawsuit may feel overwhelming, but our firm is here to guide you through every step of the process. At Rafferty Domnick Cunningham & Yaffa, we have extensive experience handling birth injury and medical malpractice cases. We understand the challenges that come with these cases and are committed to securing the best possible outcome for your family. Our approach involves working closely with medical experts, reviewing hospital records, and building a compelling case to prove negligence.
We Help With a Variety of Birth Injury Cases, Including:
Mismanaged Labor
Failure to properly monitor the baby’s and mother’s vital signs, delayed decisions during labor, or failure to act on signs of fetal distress can all lead to serious injuries.
Improper Use of Medical Tools
Improper use of forceps, vacuum extractors, or other medical tools during delivery can cause significant harm to the baby, leading to conditions such as cerebral palsy or Erb’s palsy.
Failure to Perform a Timely C-Section
In some cases, a timely C-section is necessary to avoid injury. Failure to perform a C-section when there are signs of fetal distress or other complications can lead to severe consequences.
Errors in Monitoring and Care
Healthcare professionals are responsible for closely monitoring both the mother and the baby during labor and delivery. Any negligence in monitoring or misinterpreting vital signs can lead to delayed interventions and birth injuries.
We are dedicated to helping families hold negligent healthcare providers accountable for the harm they’ve caused. Our attorneys work with top medical experts who can provide testimony to support your claim and establish that your healthcare provider’s negligence was the direct cause of your child’s injury.
Injured and Have Questions?
Call us or request a case review by our experts.
Proving Negligence in Birth Injury Cases
Winning a birth injury lawsuit requires proving that the healthcare provider’s negligence directly caused the injury. This is a complex process, but with the right legal representation, it can be done effectively.
Key Elements We Focus on in Birth Injury Cases Include:
Duty of Care
Medical professionals are expected to provide a standard level of care during labor and delivery. We must establish that the doctor, nurse, or medical staff had a duty to provide reasonable care to the mother and baby.
Breach of Duty
Once the duty of care is established, we demonstrate that the healthcare provider breached this duty by failing to follow standard medical procedures or by making errors during childbirth.
Causation
Our attorneys will work to show that this breach of duty directly caused the birth injury. This often requires expert testimony from medical professionals who can explain how the healthcare provider’s actions deviated from accepted standards and resulted in the injury.
Damages
We will document the physical, emotional, and financial consequences of the injury, including medical bills, ongoing care needs, and pain and suffering, to ensure you receive full compensation.
At Rafferty Domnick Cunningham & Yaffa, we are skilled at gathering medical records, collaborating with expert witnesses, and building a strong case to prove that negligence led to your child’s injury.
Steps to Take After a Birth Injury
If your child has suffered a birth injury, it is natural to feel overwhelmed and unsure of what steps to take next. Addressing both the immediate medical concerns and your potential legal rights is critical to ensuring the best possible outcome for your child and family. At Rafferty Domnick Cunningham & Yaffa, we are here to help guide you through this challenging time. Below are the key steps you should consider taking after a birth injury.
1. Seek Immediate Medical Care
Your first priority should always be the health and well-being of your child. Seek immediate medical attention to ensure your child receives a proper diagnosis and necessary treatments. Birth injuries can have long-term effects, so it’s important to address any complications as soon as possible.
Make sure to follow up with pediatric specialists who can help assess any developmental issues or injuries. For example, children diagnosed with conditions like cerebral palsy, Erb’s palsy, or brachial plexus injuries may require physical therapy or ongoing care. Early intervention can make a significant difference in your child’s prognosis.
2. Obtain and Preserve Medical Records
After ensuring your child is receiving the necessary medical care, it’s important to gather and preserve all medical records related to the birth. This includes prenatal records, delivery room notes, fetal monitoring strips, and any postnatal care documentation. These records will be essential in building a birth injury case, as they provide a detailed history of what occurred during labor and delivery.
Additionally, keep any communications you have with your healthcare providers, including emails, letters, or notes from appointments. These records can help establish a timeline and identify any instances where medical negligence may have occurred.
3. Document Symptoms and Treatments
Keep a detailed record of your child’s symptoms, treatments, and progress. This should include any diagnoses, medical tests performed, therapy sessions, surgeries, or medications prescribed. Take notes during medical appointments, and ask your doctor for written explanations when necessary.
Documenting your child’s injury, pain, and required treatments can be helpful in demonstrating the impact of the birth injury when filing a legal claim. Additionally, note any changes in your child’s behavior, developmental milestones, or physical abilities that may be related to the injury.
4. Contact an Experienced Birth Injury Attorney
Once your child’s immediate medical needs have been addressed, it’s important to seek legal guidance. Birth injury cases can be complex, and proving medical negligence requires a thorough understanding of both legal and medical issues. At Rafferty Domnick Cunningham & Yaffa, our experienced attorneys will help you assess whether medical malpractice may have played a role in your child’s injury and guide you on the best course of action.
During an initial consultation, our attorneys will review your case, explain your legal rights, and help you determine the next steps. We will work to gather evidence, consult with medical experts, and build a strong case to prove negligence and secure compensation.
5. Understand the Statute of Limitations
Each state has a specific time limit, known as the statute of limitations, for filing a medical malpractice lawsuit. In many cases, this time limit is two to three years from the date of the injury or discovery of the injury. However, some states allow for extensions in birth injury cases, particularly if the injury was not immediately apparent.
It’s critical to act quickly to ensure your claim is filed within the appropriate timeframe. Missing the statute of limitations can prevent you from seeking compensation, so contacting a birth injury lawyer as soon as possible is essential to protecting your legal rights.
6. Explore Your Legal Options for Compensation
If your child’s birth injury was caused by medical negligence, you may be entitled to compensation. This compensation can help cover medical expenses, therapy costs, and other related damages. In many cases, families can also seek compensation for pain and suffering, loss of quality of life, and the emotional toll the injury has caused.
Compensation in Birth Injury Lawsuits
Birth injuries can result in enormous financial burdens for families. Pursuing compensation through a birth injury lawsuit can help cover the extensive costs associated with medical treatments, therapy, and ongoing care. Compensation in birth injury cases typically includes:
Medical Costs
Compensation for surgeries, hospital stays, doctor visits, medications, and any necessary assistive devices (such as wheelchairs or braces).
Therapy and Rehabilitation
Many birth injuries, like cerebral palsy or Erb’s palsy, require physical, occupational, or speech therapy. Compensation can cover the cost of ongoing therapies your child may need to improve their quality of life.
Long-Term Care
Some children with severe birth injuries require specialized care for the rest of their lives. This may include in-home nursing care, modifications to your home, or specialized education services.
Pain and Suffering
Compensation for the emotional and psychological toll that the injury has caused the child and their family.
Lost Wages
If a parent has had to stop working or reduce their work hours to care for a child with a birth injury, compensation may cover the loss of income or diminished earning capacity.
Our attorneys are dedicated to ensuring that families receive the full amount of compensation they are entitled to so that their child can receive the best care and treatment available.
Injured and Have Questions?
Call us or request a case review by our experts.
Why Choose Rafferty Domnick Cunningham & Yaffa?
Choosing the right law firm for your birth injury case is one of the most important decisions you can make. At Rafferty Domnick Cunningham & Yaffa, we offer:
Decades of Experience
We have decades of combined experience in handling complex medical malpractice and birth injury cases. Our deep knowledge of the law and medical issues involved in birth injury litigation allows us to build strong, persuasive cases on behalf of our clients.
Compassionate Legal Representation
We understand how emotionally challenging birth injury cases can be. Our attorneys approach every case with empathy and dedication, ensuring that you feel supported throughout the legal process.
Proven Track Record
Our firm has successfully recovered millions of dollars in settlements and verdicts for families affected by medical negligence. We know how to take on powerful hospitals and insurance companies to get you the justice and compensation you deserve.
Client-Centered Approach
We prioritize communication and transparency, keeping you informed every step of the way. We take the time to understand your family’s unique needs and work tirelessly to achieve the best possible outcome.
Frequently Asked Questions (FAQs)
Can I file a lawsuit if my child has cerebral palsy caused by medical malpractice?
Yes, if medical negligence during labor or delivery caused your child’s cerebral palsy, you may be entitled to compensation. This could result from a delayed C-section, failure to recognize fetal distress, or improper use of delivery instruments like forceps.
How long do I have to file a birth injury lawsuit?
The statute of limitations for birth injury lawsuits varies by state. In many cases, you have two to three years from the date of the injury, but some states allow for extensions if the injury was not immediately apparent. It is critical to consult with an attorney as soon as possible to ensure you meet all deadlines.
What compensation can I expect from a birth injury lawsuit?
The compensation you may receive depends on the severity of your child’s injury and the long-term impact it will have on their life. Common forms of compensation include coverage for medical expenses, rehabilitation, pain and suffering, and costs associated with long-term care.
What should I look for in a birth injury lawyer?
When choosing a birth injury lawyer, it’s important to find someone with extensive experience in handling medical malpractice cases, particularly those involving birth injuries. Look for a lawyer with a proven track record, strong relationships with medical experts, and a compassionate approach to client representation.
What are the recoverable damages in a birth injury case?
Contact Rafferty Domnick Cunningham & Yaffa Today
If your child has suffered a birth injury due to medical negligence, it’s important to act quickly. At Rafferty Domnick Cunningham & Yaffa, our experienced attorneys are ready to fight for your family’s rights and help secure the compensation you need to care for your child.
Contact us today for a free, no-obligation consultation. Our compassionate team will review your case, explain your legal options, and guide you through the process of seeking justice for your child’s birth injury. We are here to support you every step of the way.
