Bringing a new child into the world should be a wonderful and happy time in a parent’s life. Unfortunately, medical negligence can put a newborn child and mother in serious danger. These mistakes can result in birth injuries that affect young children and their families forever. If your family has been affected by a birth injury, you may have the right to seek compensation.
Was your child injured during childbirth or delivery? Is a negligent doctor, nurse, or healthcare provider responsible for the birth injury? Contact the attorneys at Lavent Law, P.A. for immediate assistance. We understand how devastating an unexpected injury can be, especially when it affects someone so young. As your attorneys, we will fight to get you and your family the money you deserve. Contact our Miami law firm today to schedule your free consultation and learn more.
How Our Miami Birth Injury Lawyers Can Help
Birth injuries can be physically, emotionally, and financially draining. If a negligent doctor or nurse is to blame, you can file a personal injury claim to recover compensation. Florida birth injury and medical malpractice laws are complicated. Your child needs your undivided attention and focus; now isn’t the time to try to navigate a complex legal case on your own. Hiring an experienced Miami birth injury lawyer will put you in the best position to get the money your family deserves.
When you turn to Lavent Law, P.A. for help with your birth injury lawsuit, our compassionate attorneys will:
- Protect you from manipulative insurance companies
- Carefully investigate your case to determine the precise cause of your child’s birth injury
- Identify anyone who may have contributed to your child’s birth injury
- Demand compensation from all liable parties
- Work closely with experts to make sure that your case is valued properly, and
- Protect your right to recover compensation for any harm your family has suffered.
We understand that a birth injury can change your child’s life forever. We are here to help you fight for the compensation you deserve in the wake of this tragic turn of events. Call our Miami office to schedule your free consultation now.
Common Birth Injuries in Miami
More than 3.9 million children are born in the United States every year. Most births unfold without complications. Unfortunately, 7 out of every 1,000 children will sustain a birth injury. While this may not sound like a lot, it’s the equivalent of three children born with a birth injury every hour.
A birth injury can occur before, during, or after birth. Common birth injuries include:
- Broken bones
- Head injury
- Cerebral palsy
- Erb’s palsy
- Intracranial hemorrhage
- Brachial plexus injury
- Brachial palsy
- Spinal cord injury
- Brain damage
- Caput succedaneum
- Facial paralysis
- Cephalohematoma, and
- Wrongful death.
Many experts believe that approximately one-third of all birth injuries are preventable. Unfortunately, birth injuries are still happening at an alarming rate because medical professionals are negligent. If you’ve been affected by a birth injury, it’s important to understand your rights. Contact Miami personal injury lawyer Boris Lavent for immediate assistance.
Medical Negligence and Your Child’s Birth Injury
Some birth injuries develop naturally and are unavoidable. Others are the result of medical negligence before, during, or after childbirth. OBGYNs and other healthcare providers cannot guarantee that a child will be born without complications or injury. However, they do have a legal obligation to do everything in their power to prevent birth injuries from happening.
Medical negligence occurs when a healthcare provider fails to provide adequate and appropriate care. In Florida, the standard of care is defined as “level of care, skill, and treatment which, given all the facts of the patient and his or her condition, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers.”
Put another way, your doctor or OBGYN may be liable for a birth injury if they failed to use the degree of care, skill, and knowledge that others would have used in the same situation.
Medical Negligence Birth Injury Lawsuits
Can you file a lawsuit against a negligent healthcare provider for your child’s birth injury? Yes. In Florida, victims of medical malpractice have the right to demand compensation for their injuries.
However, it’s important to consider that medical malpractice cases can be very difficult to win. Hospitals, doctors, and insurance companies will not immediately admit to wrongdoing or be willing to extend a fair settlement offer. You’ll need the help of an attorney who has experience and success in handling these types of cases.
Contact Lavent Law, P.A. to find out how our attorneys can help your family with your birth injury lawsuit.
Causes of Birth Injury in Miami
Birth injuries are often the result of medical mistakes and negligence. These injuries can be inflicted before, during, or after childbirth. The leading causes of birth injuries include:
- Inadequate prenatal care
- Failure to diagnose an injury or illness before birth
- Failure to address fetal distress
- Incorrect usage of birthing tools, including forceps and vacuums
- Failure to monitor the child and/or mother during and after delivery
- Oxygen deprivation
- Prolonged labor
- Failure to perform a timely C-Section
- Uterine rupture, and
- Excessive force during delivery.
Most preventable birth injuries are the result of a doctor’s failure to monitor the child and/or mother before, during, or after birth. Early intervention is crucial when complications develop. If a patient isn’t properly monitored, doctors are likely to miss signs of fetal distress. As a result, the child’s risk of sustaining an avoidable injury increases significantly.
Statute of Limitations For Miami Birth Injury Cases
You don’t have an unlimited amount of time to file a personal injury claim after your child suffers a birth injury. However, thanks to Tony’s Law, you have more time than is typically permitted for other medical negligence cases.
Birth injury lawsuits typically fall under the category of medical malpractice. When you file a medical malpractice lawsuit, you have two years from the date you (a) are injured or (b) discover your injury. Thanks to something called the statute of repose, you’ll typically only have 4 years from the date you’re injured to file a lawsuit against a negligent doctor.
Tony’s Law was enacted in Florida in 1996. Under the law, parents can have additional time to pursue compensation with a birth injury lawsuit. Specifically, parents have until their child’s 8th birthday to file a birth injury lawsuit.
It’s important to understand that Tony’s Law may not apply if you knew, or should have known, that negligence caused your child’s birth injury. If you know, or should have known, about your child’s injury, the standard two-year statute of limitations may apply.
Not sure when you have to file your Miami birth injury lawsuit? Contact Lavent Law, P.A. for help. Our attorneys will review your case and fight to make sure that your right to recover compensation isn’t denied because of a legal technicality. Call today to learn more.
Damages Available to Birth Injury Victims
A birth injury can affect your child life forever and in many ways. A child who sustains a serious birth injury may face significant limitations as they grow up. Physical injuries can cause chronic pain and require expensive medical care for life. Debilitating injuries – both physical and developmental – can limit a child’s ability to work when they become an adult. Children with injuries sustained at birth – including cerebral palsy – may even have a difficult time finding a job as they get older. The cost of a birth injury – including actual expenses and lost earning capacity – can be devastating.
When your child is injured during birth because of medical negligence, you have the right to demand compensation. The attorneys at Lavent Law, P.A. can help you fight hospitals and insurance companies for the money you deserve. We will aggressively pursue compensation for:
- Follow-up medical care and/or surgery
- Medical bills
- Nursing care
- Pain and suffering
- Emotional trauma
- Depression and anxiety
- Reduced earning capacity
- Loss of enjoyment of life, and more.
Call Lavent Law, P.A. to find out how our personal injury lawyers can help with your birth injury lawsuit. We’re here to help you get the money you deserve. Contact us today to get started with a free consultation.
Miami Birth Injury Lawyers
Is your family struggling because of an injury during childbirth or delivery? Contact Lavent Law, P.A. to learn about your legal rights and options. You may have the right to file a birth injury lawsuit against a negligent medical professional. A personal injury attorney at our firm can help you maximize the amount of money you get. Your financial award can help to cover medical costs and take care of your child as they grow older.
Insurance companies and hospitals will make it very difficult for you to get the money you need and deserve. The best thing to do is turn to an experienced attorney for help. Call Boris Lavent and Lavent Law, P.A. for immediate assistance. Our goal is to help you and your family during this very difficult time in your life.