Birth injuries can occur during labor and delivery, causing physical and emotional trauma to both the mother and the baby. While some birth injuries are unavoidable, many are the result of medical malpractice or negligence. If you or a loved one has experienced a birth injury, it is essential to seek legal counsel from a knowledgeable attorney who specializes in this area.
Osborne & Francis has a team of experienced attorneys dedicated to helping families receive the compensation they deserve for birth injuries caused by medical malpractice or negligence. We’ll work hard to make sure all of those who contributed to your family’s tragedy are forced to pay dearly.
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.
Erb’s Palsy is a condition that affects the nerves in the upper arm, causing weakness or paralysis in the affected arm. This condition is often caused by stretching or tearing of the nerves during delivery.
Birth injuries can occur for many reasons. Some common causes of birth injuries include:
Complications during childbirth can lead to birth injuries. This can include issues with the mother's health, such as preeclampsia or gestational diabetes, or issues with the baby, such as a large birth weight or a breech position.
Improper Use of Extraction Devices
Extraction devices, such as forceps or vacuum extractors, are sometimes used to assist with delivery. However, if these devices are used improperly, they can cause serious injuries to the baby.
Failure to Monitor
Doctors and medical staff must monitor both the mother and the baby during labor and delivery. Failure to do so can lead to serious complications and injuries.
Improper Medication Dosage
Medications used during childbirth, such as Pitocin, must be administered carefully to avoid complications. If these medications are not given in the correct dosage, they can cause serious injuries to the mother and the baby.
Signs Your Newborn Could be Injured
It’s important to be aware of the signs of a birth injury. Some common signs that your newborn could be injured include:
Difficulty with breathing or feeding
Seizures or tremors
Lack of movement or muscle tone
Excessive crying or irritability
Abnormal head shape or size
Who’s At Fault for a Birth Injury?
Determining who is at fault for a birth injury can be complicated. In some cases, the injury may be the result of a medical error or negligence on the part of the doctor, nurse, or other medical staff. In other cases, the injury may be the result of a pre-existing condition or complication that could not have been prevented. Your attorney can review your case and help you determine who may be held responsible for your child's injuries.
How to File a Birth Injury Lawsuit
If you believe that your child has suffered a birth injury as a result of medical malpractice or negligence, it is important to seek legal counsel from an experienced attorney. Your attorney can help you file a birth injury lawsuit and guide you through the legal process.
The first step in filing a birth injury lawsuit is to contact an attorney who specializes in this area. Your attorney will review your case and gather evidence to support your claim. This may include medical records, witness statements, and expert testimony.
Once your attorney has gathered evidence to support your claim, they will file a complaint in court. The complaint will outline the details of your case, including the injuries your child has suffered and the damages you are seeking. The defendant will then have an opportunity to respond to the complaint and present their own evidence.
There’s a chance your case could go to trial. If it does, a jury will hear the evidence presented by both sides and make a determination on whether the defendant is liable for the injuries your child has suffered. If the defendant is found liable, the court will determine the damages to be awarded.
“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.”
“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!”
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.
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!
"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!"
“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.”
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How Can Osborne & Francis Help You?
Osborne & Francis is a team of skilled birth injury attorneys who are dedicated to helping families who have experienced birth injuries. Our attorneys have the knowledge and expertise to help you understand all of the complexities and fight for the compensation you deserve.
We understand that birth injuries can be emotionally and financially devastating for families. That's why we offer compassionate and personalized legal representation to our clients. We will work with you to understand the unique circumstances of your case and develop a legal strategy that is tailored to your needs.
Our team of attorneys has a proven track record of success in birth injury cases. We have recovered millions of dollars in compensation for our clients, helping them to cover medical expenses, ongoing care, and other costs associated with their child's injuries.
If you believe that your child has suffered a birth injury as a result of medical malpractice or negligence, don't hesitate to contact Osborne & Francis. We offer a free consultation to help you understand your legal options and determine the best course of action for your family. Use our online form or call (561) 264-6238 as soon as you can.
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Boca Raton Office
925 S. Federal Highway, Suite 175 Boca Raton, FL 33432