Complications can arise during childbirth. While some labor and delivery injuries are unavoidable, others are the result of negligence on the part of medical professionals. At Frankl & Kominsky, we know that this type of harm can have detrimental and long-term consequences for the child, the mother, and their family. If you or your child were hurt by the careless conduct of a South Florida health care provider, our medical malpractice attorneys can help you. We are tireless litigators who can help you bring a claim against the medical professionals who caused your harm.Birth Injury
A birth injury can occur during labor or delivery. In many cases, the child is most affected by trauma during childbirth, but the mother can also sustain harm related to the event. While the mother and child are closely monitored throughout pregnancy, some medical professionals fail to properly diagnose, treat, or care for the mother and child near the end of this time.
Birth injuries are often the result of:
- Insufficient pre-natal testing;
- Failure to diagnose or treat certain pregnancy and birth complications, such as preeclampsia, eclampsia, placental abruption, or placenta previa;
- Delayed Caesarean section; or
- Improper use of forceps or vacuum during delivery.
A child can suffer brain injuries, fractures, or nerve damage during childbirth. A lack of oxygen, for example, can cause certain forms of harm to the brain, including cerebral palsy. The use of forceps can also cause skull fractures and brain injuries. In addition to the child, the mother may sustain birth-related injuries, including excessive blood loss and complications like seizures from uncontrolled high blood pressure.Holding Negligent Medical Providers Accountable
You may have a medical malpractice claim if you or your child suffered a birth injury. When a health care professional makes careless mistakes, the victim can pursue a lawsuit under the theory of negligence.
Ordinarily, this type of claim requires that a plaintiff establish a duty of care, a breach of the duty of care, causation, and damages. The standard of care in medical negligence lawsuits differs from the standard of care in ordinary injury claims because it is specific to the profession. It is defined as the level of care that the typical medical professional, with the same qualifications, would deem acceptable given the surrounding circumstances. This requires the testimony of experts and a thorough assessment of your medical records. Once you establish the standard of care, you must show that the medical professional’s actions fell below that standard. If you succeed in proving that the physician’s breach led directly to your harm, you may be able to recover damages.
Birth injuries can require significant medical treatment, including surgery, rehabilitation, and long-term care. If your child was hurt, he or she may need attention for the rest of his or her life. You may be able to recover compensation for current and future medical expenses, projected cost of living, pain and suffering, and other economic or non-economic damages.
The statute of limitations for Florida medical malpractice claims is usually two years from the date of the injury. If the harm was not discovered during that period, however, a victim may be permitted to start a lawsuit until four years have passed since the negligent conduct. This four-year time window, however, does not apply to children under the age of eight.Advocating for Boynton Beach Victims of Medical Negligence
Frankl & Kominsky offers dedicated representation to injured residents of Boynton Beach and nearby communities. Our knowledgeable medical negligence lawyers can aggressively assert your right to compensation if you or your child were hurt during childbirth. We can gather evidence, conduct an extensive review of your medical records, and enlist experts to help you. We provide our services to residents of Palm Beach Gardens, Coral Springs, and Fort Lauderdale, in addition to other Florida areas. Please call us at (855) 800-8000 or complete our online form to arrange a free initial consultation. We are fluent in Spanish and Creole.