The birth of a child is an exciting moment in one’s life. It should be full of joy and happiness. Unfortunately, when things go wrong, and a birth injury occurs, the special moment can quickly become devastating. Birth injuries often cause permanent neurological damage, affecting the child for the rest of their life.
This should be the last thing parents have to think about while in the hospital. Unfortunately, there are thousands of birth injuries that occur each and every year. If you, your partner, or your child has recently experienced an injury during birth, please contact Osborne & Francis to schedule a free case evaluation as soon as possible.
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.
Causes of Birth Injuries
In a study by National Healthcare Quality Report, they found that 157,700 injuries to babies and mothers in one year could have been avoided. They also state that approximately 50% of all birth injuries are potentially avoidable. If there were more identification and planning in place for risk factors, birth injuries would decrease.
Birth injuries are often severe, requiring long-term medical treatment that can extend into adulthood. Some of the most common birth injuries include:
Cerebral palsy: This injury occurs when there’s a lack of oxygen in the brain. Cerebral palsy can cause seizures, trouble with motor control, breathing problems, poor bladder control, and more. There are various treatment options for Cerebral palsy, but it cannot be cured. It’s a permanent disability.
Erb’s palsy: Erb’s palsy is caused by damage to the brachial plexus nerve. This nerve controls arm movement and feeling. In some cases, Erb’s palsy can be permanent. It can result in paralysis of the arms.
Hypoxia: When a lack of oxygen reaches the brain, hypoxia can occur. Hypoxia is caused by negligent delivery. It can occur when the head is left in the birthing canal for too long or if vacuum devices are used. Hypoxia causes breathing issues, seizures, brain damage, and death.
Kernicterus: Kernicterus is a type of brain damage that occurs when newborn jaundice isn’t treated right away.
Shoulder dystocia: When one or both of your baby’s shoulders get stuck in the birthing canal, it can cause shoulder dystocia. Shoulder dystocia may require an emergency c-section. It may also cause hypoxia or other issues for the baby.
Torticollis: Also known as Wryneck, is the twisting of the neck that causes the head to rotate and lift at a strange angle. Stretching can help to reduce torticollis.
How a Birth Injury Can Impact Someone for the Rest of Their Life
Birth injuries can be devastating for the parent or parents. They’re hoping to have a beautiful, healthy baby, and a mistake at the last minute (or several mistakes throughout) takes that chance away from them.
A baby born with a birth injury can have medical issues for the rest of their life, ranging from mild to severe. They may have poor motor skills and seizures, or they might be permanently disabled. All because of mistakes made by a doctor you thought you could trust.
While the impact on the child is great, the impact on the parents can be difficult as well. Becoming a full-time caretaker can be a stressful undertaking, especially if you’ve never worked with a disabled person before. You may find yourself experiencing post-partum depression, stress, and other emotions. These are completely normal for a person in your place.
Types of Damages You Can Recover for Your Child’s Injury
After a birth injury occurs, you’ll incur damages as a result. Damages refer to the losses you experience. These losses can have an attached monetary value (economic damages) or not (non-economic damages). You can recover the following damages for you and/or your child’s birth injury:
Past and future medical bills for both you and your child. In the case of a permanent disability or long-term injury, the compensation you receive will be based on your child’s future treatment plan.
Past and future lost wages. If you are unable to work because of your child’s injury, you can claim these damages.
Lost earning capacity. If your child’s disability prevents them from working in the future, you may be able to claim these damages.
Pain and suffering on behalf of you and your child.
Emotional distress on behalf of you and your child.
Permanent disfigurement or scarring.
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!
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.
"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!"
“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.”
“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.”
“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!”
Oops! Something went wrong while submitting the form.
What’s the Statute of Limitations on Birth Injuries in Florida?
The statute of limitations for birth injuries can be kind of confusing. For most accidents, you have two years from the injury to file a claim. However, because birth injuries can be complicated and may not be diagnosed right away, you have two years from the time of the injury or from when the issue was recognized and diagnosed.
Contact Osborne & Francis if Your Child Was Injured During Birth
If you, your partner, or your child has experienced an injury during birth, it’s time to seek the compensation you deserve for your damages. We’re deeply empathetic about your situation and eager to do everything we can to help. To learn more or to schedule a free case evaluation, please contact us online or at (561) 293-3600.
Frequently Asked Questions
Boca Raton Office
925 S. Federal Highway, Suite 175 Boca Raton, FL 33432