The birth of a baby should be a joyous occasion. However, for a certain percentage of families each year, this moment is marred by the consequences of birth injuries caused by medical negligence. Birth injuries, including conditions such as cerebral palsy and brachial plexus injuries, plus conditions affecting the mother, can result in lifelong medical needs and emotional hardships.
A birth injury attorney can help families navigate the overwhelming physical, emotional, and financial toll of harm caused during childbirth. When negligence leads to birth trauma, families deserve to recover compensation for their suffering and secure the resources their child needs for a better future.
With decades of legal experience, the Gordon & Partners’ birth injury lawyers of West Palm Beach are ready to help you fight for the justice and compensation you deserve. Contact us today to schedule a free, zero-obligation consultation.
Common Birth Injuries
Birth injuries, sometimes called birth trauma, are impairments of a baby’s or mother’s body or functioning. These injuries happen during labor and delivery, frequently occurring during the baby’s trip through the birth canal.
Although most people associate birth trauma with the newborn, birth injuries can also happen to the mother. The mother’s birth trauma may be physical, psychological, or both. While some birth injuries are unavoidable, many result from mistakes made by medical personnel.
Maternal Birth Injuries
Today’s medical options provide multiple methods to deliver babies safely, but birth injuries to mothers still happen. Common maternal birth traumas include:
- Postpartum hemorrhage
- Ruptured uterus
- Vaginal tears or episiotomy complications
- C-section errors, including damage to other organs
Some of these traumas might cause long-lasting physical consequences, such as incontinence. Psychological effects, including postpartum depression and PTSD, may also occur.
Newborn Birth Injuries
Birth defects can affect a child’s appearance, development, and behavior. In some cases, birth defects may include structural problems that are more visible, such as cleft lip and neural tube defects. However, in other cases, there may be heart defects that will require testing to uncover.
Some common birth injuries include:
- Anencephaly
- Shoulder dystocia
- Erb’s palsy
- Spinal trauma
- Cerebral palsy
- Cleft palate or cleft lip
- Brain damage or head trauma
- Brachial plexus injuries
An experienced West Palm Beach birth injury attorney can help you determine if the injury your child suffered during childbirth was a result of medical negligence.
If you suspect that you or your baby were injured during childbirth, a doctor or medical professional may be found at fault. To have a valid claim, it must be proven that the medical professional’s negligence directly led to the baby’s injury.
How Can I Prove Fault in My Birth Injury Case?
To hold someone financially accountable for birth injuries, you must prove they are guilty of negligence. All of these statements must be true:
- Someone owed you a duty of care.
- That party failed to provide their duty of care.
- The breach caused an injury.
- The injury directly resulted in damages.
You must have evidence to support the truth of each statement. Gathering evidence often requires an in-depth investigation, which many people don’t have the resources or knowledge to conduct.
Steps to Take After a Birth Injury
- Seek Immediate Medical Care: Your health and your child’s well-being should be the top priority. Prompt medical attention is essential to address injuries and reduce the risk of long-term complications.
- Organize Records and Track Progress: Gather all relevant medical documents, including prenatal, delivery, and postnatal records, as well as any communication with healthcare providers. Keep a detailed log of your child’s symptoms, treatments, and progress, noting diagnoses, medications, therapies, and developmental milestones.
- Understand Filing Deadlines: Birth injury claims must comply with specific statutes of limitations, typically two to three years from the date of the injury or its discovery. Acting promptly helps protect your right to pursue legal action without missing critical deadlines.
Damages Recovered in a Birth Injury Lawsuit
When a child suffers a birth injury, the family may be entitled to file a birth injury lawsuit for damages. The damages recovered may include monetary and non-monetary losses, such as pain and suffering.
Some examples of compensation a family may recover when filing a birth injury lawsuit include:
- Current and future medical expenses
- Lost wages
- Emotional distress
- Rehabilitation costs
- In-home health care expenses
Due to the complex nature of birth injury lawsuits, it is important to hire an experienced West Palm Beach birth injury attorney. The team of attorneys at Gordon & Partners Law Firm believes in obtaining justice for the injured and fighting for those who cannot fight on their own. Our firm is prepared to help you every step of the way so that you can move forward with your life as soon as possible.
Why You Should Work with a Birth Injury Law Firm in WPB
When birth injuries affect newborns or their mothers, emotions often run high. Families should focus on health-related concerns, not legal complexities. Working with an experienced birth injury law firm in WPB may ease your burden by managing legal tasks so you can concentrate on your family.
Provide Guidance and Legal Options
Navigating a birth injury claim can feel overwhelming, especially for those unfamiliar with their legal rights. A Gordon & Partners Law Firm birth injury attorney in West Palm Beach provides free case evaluations, where we may review your legal options, explain relevant laws, and assess the potential value of your case.
Handle Administrative Tasks
Medical malpractice claims involve strict deadlines and detailed paperwork. An attorney may manage these responsibilities, ensuring deadlines are met and reducing your stress. Missing a filing deadline could result in losing your right to pursue compensation.
Investigate Your Claim
A thorough investigation may include gathering evidence such as medical records, conducting interviews, and consulting independent medical experts. Your legal team may also research prior malpractice cases involving the healthcare providers or facilities involved.
Communicate With Insurance Companies
Insurance companies often try to minimize claims. A birth injury attorney may handle all communications, helping to protect your case from common tactics that could reduce its value.
Seek Maximum Compensation
Insurers often offer low initial settlements. An attorney may negotiate for a fair resolution that accounts for pain, suffering, and ongoing needs—or pursue litigation if necessary. Hiring an attorney often results in higher compensation than pursuing a claim alone.
Peace of Mind
Managing a birth injury claim can be time-consuming and stressful. With an attorney’s help, you may gain confidence knowing that experienced professionals are working to protect your rights and seek justice for your family.
Call 1 (844) 423-5751 for a free case review, Chat Live with a representative now, or fill out our online contact form to schedule your free, no-obligation consultation.
The birth injury lawyers at Gordon & Partners WPB office offer free legal consultations. If we take your case, you only pay when we win.
Contact the Gordon & Partners’ Birth Injury Lawyers of West Palm Beach
Gordon & Partners Law Firm has recovered millions on behalf of medical malpractice victims. One of our West Palm Beach birth injury lawyers can help you and your child recover the compensation needed for current and future medical expenses, lost wages, and more. Though nothing can ease the pain of a child suffering from a birth injury, monetary compensation can ease the financial burden of caring for a loved one.
For a free case review, call 1 (844) 423-5751 or fill out a Free Case Evaluation.