Bringing a child into the world should be a joyous occasion. Mothers and families place their lives and trust in doctors and medical professionals to ensure that their child is born without any complications. Unfortunately, a mistake or negligent act by a healthcare provider during this time can have disastrous consequences, both for the newborn child and their family.

Contact a Palm Beach Gardens birth injury lawyer if your child has suffered a birth injury due to a health care provider’s negligence. A seasoned attorney could provide your family with critical support and guidance during this difficult time, answer any questions you may have about your child’s birth injury, and help determine if a health care provider’s action—or failure to act—is to blame.

The Basics of Birth Injuries and Birth Injury Cases

Even with a team of doctors, nurses, and trained medical staff, birth injuries are unfortunately common. Statistics indicate that for every 1,000 infants born in the United States, six to eight of them are born with a birth injury. Birth injuries can be caused by complications during pregnancy, but are also often caused by complications during labor, delivery, and immediately after birth.

Because childbirths are often overseen in a hospital setting by obstetricians, nurses, anesthesiologists, and technicians, a birth injury may fall within the scope of medical malpractice. Medical malpractice occurs whenever a doctor or health care provider fails to meet the proper standard of care expected of a professional in their position.

The state of Florida defines the standard of care as “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

According to Florida Statutes §766.102, a healthcare provider who breaches the standard of care and causes a birth injury can be found negligent, and therefore liable for a child’s injuries.

Major Causes of Birth Injuries

Some of the major contributing factors in birth injuries include:

  • Improper delivery room techniques
  • Oxygen deprivation
  • Failing to properly monitor fetal heart rate
  • Delayed C-sections
  • Improper use of forceps
  • Improperly prescribed or administered medications

These actions can result in serious complications for a child and their family such as:

  • Cerebral palsy
  • Erb’s palsy
  • Shoulder dystocia
  • Brachial plexus injuries

When to File a Birth Injury Lawsuit

Generally, when a person has suffered an injury due to another person’s negligent actions, they have a limited time to file a lawsuit to recover compensation for their injuries and losses. Under Florida Statutes §95.11(3), a person must file a lawsuit within four years for an injury caused by another’s negligence.

Florida Statutes §95.11(b) establishes that a person has two years to file a lawsuit in instances of medical malpractice. However, birth injuries have an extended period of time to file a lawsuit. Specifically, parents have the ability to file a lawsuit against a medical provider for an injury up to a child’s eighth birthday.

Why Turn to a Palm Beach Gardens Birth Injury Attorney?

A birth injury can cause severe and lifelong complications for a child and a family.  A Palm Beach Gardens birth injury lawyer could help support children and families by filing a lawsuit to recover compensation for a child’s injuries, medical expenses, rehabilitation, and physical therapy, as well as for the emotional and physical pain caused by medical malpractice.

If your child has suffered a birth injury because of a doctor’s negligence, contact a birth injury attorney in Palm Beach Gardens today.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260