Orlando Birth Injury Lawyers

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 & Pettis to schedule a free case evaluation as soon as possible.

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. 

While some birth injuries are unavoidable, others are caused by medical malpractice. Medical malpractice occurs when a doctor or other medical staff member acts with negligence and causes an injury or illness as a result. 

Common types of medical malpractice that cause birth injuries include the following:

• Failure to prevent or treat tearing or bleeding in the mother
• Failing to perform an emergency C-section
• Pulling or twisting too hard while removing the baby from the birth canal 
• Improper use of forceps or vacuum
• Failing to warn the mother of potential risks 
• Failure to properly monitor the baby’s heartbeat
• Failure to detect fetal distress 

Birth injuries can also occur shortly after birth because of negligent acts, such as: 

• Failing to monitor the mother or baby’s vital signs
• Failing to diagnose or treat arising issues

Types of Birth Injuries

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.

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.