A birth injury is when a medical professional, such as a doctor or nurse, negligently causes an injury during the birthing process. Sadly, these injuries are common and can cause serious, lifelong damage to the newborn child.
When a birth injury occurs, a The Villages birth injury lawyer can help assist in compensating the parents and child for the damages. Individuals should reach out to a compassionate and capable medical malpractice attorney that could advocate for them.
Generally, birth injury claims are brought under a theory of negligence. To recover for the damages caused by a birth injury, the parents and their The Villages birth injury attorney will need to prove several elements.
Simply, the family must have been a patient of the doctor they are bringing a claim against. This is a fairly obvious element, but it does exclude emergency situations where a so-called good Samaritan doctor rushes in to offer their help.
Under 766.102 of the Florida Code, a medical professional in The Villages must use the level of care, skill, and treatment, which in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
Therefore, a doctor will only commit medical malpractice if they chose a course of action or inaction that was a deviation from the average doctor.
Another straightforward element, if a medical professional’s wrongful behavior did not cause any harm then a family cannot recover the non-existent damages.
There are several types of harm or birth injuries that generally result in claims. The first is brachial plexus birth palsy. Brachial plexus birth palsy injuries occur when there is nerve damage in the newborn in the area that controls the movement of the upper limbs such as the shoulder and arm. While some newborns eventually gain use of their arms and legs again, for many others the damage is a permanent, lifelong medical condition.
The second is cephalohematoma, an injury where there is bleeding underneath the cranium. While this injury typically resolves itself within the several months after a birth, there are still serious consequences which can include jaundice and anemia, among other side effects.
Newborns may also suffer facial paralysis. During delivery, a doctor’s careless use of the forceps may cause facial paralysis in the newborn. This problem typically goes away in several months. However, if there was nerve damage causing the facial paralysis then surgery may be necessary. Finally, while not all injuries can be avoided, if a bone is fractured because of a doctor’s careless actions a family may have a cause of action under Florida’s medical malpractice laws.
Read this 5-star Google review below regarding a personal injury case in The Villages.
“My husband and I are snowbirds in The Villages. We were rear ended on Hwy 27 in 2018. Glover Law firm represented us in our personal injury case. Gordon was thorough in explaining the process and answering any questions. He and his staff were always professional and prompt with all communication. I would highly recommend Glover Law firm if you find yourself in a similar unfortunate situation.”
By: Dianne Uthe
Rating: 5/5 ⭐⭐⭐⭐⭐
Feb 3, 2019
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Medical malpractice lawsuits in Florida have a strict statute of limitations. Under Section 95.11(4)(b) of the Florida Code, a medical malpractice lawsuit must be filed in a Florida court within two years of discovering the medical malpractice, or two years from when the medical malpractice should have been discovered with the exercise of due diligence.
However, there is an absolute bar on medical malpractice lawsuit once four years after the alleged medical malpractice has passed – regardless of whether the medical malpractice was discovered or could have been discovered. For this reason, it is important to reach out to The Villages birth injury lawyer to discuss your case as soon as possible.