A birth injury is a catch-all term for any injury a child receives during the birthing process and typically is the result of medical malpractice by a doctor, nurse, or another medical professional. The birthing process includes the entire pregnancy, delivery, and just after delivery.
If your baby suffered harm in any way during the birthing process due to the negligence of others, you may qualify for compensation. Be sure to talk to a knowledgeable malpractice attorney as soon as possible to determine where you stand legally. An Ocala birth injury lawyer may prove to be most beneficial to your case.
Though birth injuries can happen to any part of the body, there are certain common birth injuries that affect newborns. When they are the result of malpractice, the family may be entitled to compensation. It is stonrgly recommended to get in touch with an Ocala birth injury lawyer before seeking a compensation claim. The common types of birth injury may include:
A Brachial plexus injury is an injury to the nerves in the neck and shoulders that controls the movement of a person’s chest, shoulders, arms, and hands. While some children may regain control of their limbs as they continue to grow, most children, sadly, will not. This common form of birth injury occurs in one to three children for every 1,000 births, according to Boston Children’s Hospital.
A child can sustain brain damage in multiple ways throughout a pregnancy and birth. In some cases, the brain injury may be due to genetics, exposure to toxins, or a traumatic and negligent birthing process. The most common birth injury in this category is Cerebral Palsy which occurs in 10,000 births each year in the United States, according to the Centers for Disease Control and Prevention.
Generally, less severe than a brachial plexus injury or a brain injury, a difficult delivery can also cause bruising on a newborn baby. Sometimes the bruising may be a natural result of moving through the birth canal while other times it may be the result of negligence.
Bone fractures are common during delivery. The most common fractures that occur during labor are fractures of the collarbone and clavicle. Though potentially painful, these injuries generally heal relatively quickly.
While some birth injuries may be inevitable, Florida law provides a legal recourse for children and their parents whose birth injuries are due to the negligence or medical malpractice of a doctor, nurse, or another medical professional. In order to prevail in a medical malpractice lawsuit for birth injuries, the parents of the child must prove that:
Speak with an Ocala birth injury lawyer to learn more.
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When a birth injury or birth trauma occurs, the parents of the child understandably want to recover compensation for the damages caused to their newborn and place them in the same position they would have been if the accident or malpractice had not occurred.
Because these cases are complex and can be emotionally draining, it is important to have an understanding and knowledgeable Ocala birth injury lawyer who will guide you through the process and fight for you and your child’s rights.