Joe Osborne & Greg Francis, Personal Injury Lawyers & Founders of Osborne & Francis

Boca Raton Birth Injury Lawyers

Bringing home a child from the hospital is supposed to be a joyous moment for everyone involved. Unfortunately, when a birth injury occurs, that sweet moment can quickly become devastating. 

Birth injuries are often preventable and caused by medical malpractice. Whether a doctor or nurse has directly caused the injury or failed to warn the parents of potential risks, you may be able to file a lawsuit and seek compensation for your damages. 

These types of injuries can cause permanent brain damage and other long-term effects for children. Many of those born with an injury become disabled and have to receive long-term medical treatment. 

If you, your partner, or your child was injured while giving birth or shortly after, please contact Osborne & Francis to schedule a free review of your potential case. Contact us online or at (561) 293-2600.

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

Common Birth Injuries in Florida

During the birthing process, babies may suffer minor to severe injuries based on several different factors. The most common birth injuries include: 

  • Brachial palsy: When a nerve in the shoulder is damaged, the baby can lose the ability to move their hand or arm. This can heal or be permanent, depending on the severity of the damage to the nerve. 
  • Bruising or forceps marks: When forceps are used, they can leave bruises or marks on the baby’s face or head. In severe cases, forceps can cause damage to the brain and skull. 
  • Caput succedaneum: Caput succedaneum is the swelling of the soft tissues in a baby’s scalp. The swelling often goes away within a few days without any issues. Babies delivered using vacuum extraction are more likely to have this condition. 
  • Facial paralysis: If there’s damage to the baby’s facial nerve during birth, they won’t be able to move one side of their face. This condition can be minor or permanent, depending on the severity of the damage to the nerve. If the nerve was torn, surgery might be necessary. 
  • Fractures: Fractures are incredibly common during birth, especially to the baby’s shoulders or clavicle. Fractures are painful, and the baby won’t be able to move their arm for a week or two. Thankfully, healing is quick. 
  • Hypoxia: When the baby is stuck in the birth canal for too long, it can cut off the oxygen to the baby’s brain, causing severe brain damage. Hypoxia can also cause Cerebral or Erb’s palsy. 

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.

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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

C. Smith

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

Alfred

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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

E. Holland

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

J. Davis

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

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Contact Osborne & Francis to Schedule a Free Case Evaluation

It may seem daunting to file a lawsuit, but Osborne & Francis is here to help you from start to finish. We’ll gather evidence and build your case while you can focus on resting and recovering with your new baby. 

We have experience handling complex birth injury cases in the Boca Raton area and are confident in our ability to get you the compensation that you deserve. To learn more about the legal process or to schedule a free case evaluation, please contact us online or at (561) 293-2600.

Frequently Asked Questions