Boca Raton Birth Injury Lawyers

Birth Injury Statistics

• Birth injuries occur most frequently in rural areas
• Infants that are oversized, premature, or delivered vaginally are at greater risk of birth injury
• Women between the ages of 25 and 34 are at the highest risk for birth injuries caused by forceps or vacuum extractors 
• For deliveries that don’t use these instruments, mothers between the ages of 15 and 17 are at the highest risk
• 1 out of every 1,000 babies experiences bone injuries during birth
• 3 out of every 10,000 live births in the US results in death because of birth injury
• 1 in 3 women experiences birth trauma

How Long do Parents Have to File a Birth Injury Case?

In Florida, parents have two years to file a medical malpractice lawsuit after a birth injury occurs. However, because birth injuries can take a long time to diagnose in some cases, the clock doesn’t start until the discovery of the injury. 

So, for example, if you have a child and they’re diagnosed with an illness or disability a few years after their birth, you would have two years from that point to file a lawsuit.

What Causes Birth Injuries?

Some birth injuries cannot be avoided, but many are caused by medical malpractice. Medical malpractice (especially with birth injuries) can take two forms. Either the medical professional did something that directly caused an injury to occur, or they failed to warn the parent of the potential risk before proceeding. 

Common mistakes medical professionals may make include:

• Incorrect use of forceps 
• Applying too much pressure when removing the baby 
• Twisting or pulling too hard
• Failing to monitor the mother or baby properly
• Not knowing what position the baby is in 
• Not guiding the baby out correctly
• Letting the baby stay in the birthing canal for too long
• Not ordering an emergency c-section when necessary 

Common risks that medical professionals fail to warn mothers of include:

• Certain behaviors during pregnancy 
• Using certain tools like forceps or an extraction vacuum

If a mother doesn’t know all the risks associated with certain techniques, drugs, or surgeries, they can’t make a well-informed decision. If they had known all of the risk factors going in, it’s possible that they would have made a different decision, and therefore, the injury never would have happened.

What Types of Damages Can Parents Recover on Their Child’s Behalf?

If you, your partner, or your child were injured during birth, it’s time to seek compensation for your damages. The term “damages” refers to any losses that you experience as a result of an accident or injury. Damages can be monetary losses (economic damages) or not (non-economic damages). 

Damages you may be able to recover after a birth injury include:

Past and future medical treatment:

• Surgeries
• Doctor/specialist visits
• Prescriptions
• Medical equipment
• Physical therapy
• Hospital stays

Past and future lost wages

Lost earning capacity 

Pain and suffering

Emotional distress

Disfigurement and scarring

Wrongful death compensation in the event that a birth injury causes fatality:

• Burial 
• Funeral costs