Personal Injury Lawyers
Palm Beach Gardens & Palm Beach County, FL

A Birth Injury Lawyer Who Fights for Families in Florida

Attorney Casey D. Shomo can help you demand justice and accountability

For families in Florida, the birth of a child should be a joyous event. Unfortunately, it can also be fraught with danger, both for the child and the mother. The negligence of a doctor or healthcare provider during pregnancy or childbirth can have devastating, lifelong effects.

If you believe you or your child has suffered as the result of a doctor’s inadequate care in Palm Beach County or anywhere in Florida, a birth injury lawyer can examine your case and determine if you have grounds for a medical malpractice claim.

“Mr. Shomo showed a great deal of compassion and patience in the most difficult time of our lives. He went above and beyond in every aspect, and we are so thankful and grateful.” – Kim R.

At The Law Offices of Casey D. Shomo, P.A. in Palm Beach Gardens, Florida, Mr. Shomo and his dedicated legal team strive to illuminate the impact of birth injuries and offer support to families in Florida who are navigating this challenging experience.

Our clients are like family to us. We’re here to compassionately listen to your story and to relentlessly advocate for your child and your family. We want to help you seek justice and we’ll do so by leading you and standing by your side every step of the way. You should never be left alone to deal with such sorrow, and with our firm, you’ll never be.

Types of birth injuries

Medical negligence during childbirth can lead to unexpected complications and birth trauma. These injuries can have lasting effects on both the newborn and the family. Here are some of the types of birth injuries that may occur:

  • Cerebral Palsy: This group of permanent movement disorders appears in early childhood. Cerebral palsy often results from brain damage before, during, or shortly after birth. Symptoms include muscle stiffness, weakness, tremors, and problems with coordination and movement. The severity and symptoms can vary widely.
  • Erb’s Palsy: This condition, also known as brachial plexus birth palsy, affects the nerves around the shoulder and may cause weakness, loss of motion, or even paralysis of the arm. Erb’s palsy occurs when these nerves are damaged during birth, often during a difficult delivery.
  • Brachial Plexus Injury: Similar to Erb’s palsy, this injury involves damage to the brachial plexus nerves that control muscles in the shoulder, arm, and hand. It can result from stretching, compression, or tearing of these nerves during birth. Symptoms range from mild, with full recovery, to severe, causing permanent disability.
  • Asphyxiation: Birth asphyxia happens when a baby’s brain and other organs don’t get enough oxygen before, during, or right after birth. This can lead to breathing difficulties, poor blood circulation, and potentially more severe complications like brain damage or cerebral palsy.
  • Epilepsy: Rarely, birth-related injuries to the brain can lead to epilepsy, a condition characterized by recurrent seizures. These seizures can be caused by a range of factors, including brain damage from oxygen deprivation or serious head injuries during birth.
  • Hypoxic-ischemic Encephalopathy (HIE): HIE is a serious condition in which the brain does not receive enough oxygen. It can cause significant neurological damage, leading to developmental delays, cognitive impairments, cerebral palsy, and in severe cases, death.
  • Bone Fractures: The most common bone fractures during birth involve the collarbone or clavicle. These injuries can occur during difficult deliveries or with the use of delivery instruments. While most fractures heal, they can cause discomfort and temporary limitations in movement for the newborn.
  • Brain Injuries: Brain injuries in newborns can result from oxygen deprivation, physical trauma during delivery, or bleeding within the brain. These injuries can lead to long-term complications such as developmental delays, intellectual disabilities, and seizures.
  • Disfigurement: Injuries during birth can lead to disfigurement, such as scars from surgical deliveries or the use of forceps. These physical marks can require further medical treatment and, in some cases, may have psychological impacts as the child grows.

Causes of birth injuries

Birth injuries can result from negligence or medical errors during pregnancy, labor, or delivery. Doctors and hospitals have a duty to ensure the safety of both the mother and baby, but unfortunately, that duty can be breached in many ways, such as:

  • Failure to detect and respond to fetal distress or asphyxia during labor, leading to oxygen deprivation for the baby.
  • Failure to diagnose conditions like pre-eclampsia, diabetes, or low blood pressure during pregnancy can lead to complications during delivery.
  • Failure to perform a C-section when complications arise.
  • Failure to provide thorough information about potential birth defects or medical conditions that may affect the baby.
  • Failure to perform necessary tests to detect birth defects or serious medical conditions before birth.
  • Failure to perform an episiotomy correctly during delivery.
  • Excessively tugging on the baby’s shoulder during delivery or improperly using forceps or vacuum extractors.
  • Incorrect insertion of an epidural, resulting in complications during labor.
  • Inducing labor when it’s not appropriate, increasing the risk of birth injuries.
  • Prescribing medication harmful to the unborn child, leading to birth defects or complications.
  • Improper reading of fetal monitoring data, leading to delays in treatment.
  • Improper monitoring of fetal heart rates during labor.
  • Incorrect administration of drugs or oxygen to the mother during delivery.
  • Failure to follow correct delivery room rules, procedures, and hospital policies.

Birth injury symptoms and warning signs

Babies with birth injuries may experience a variety of warning signs, including but not limited to:

  • Seizures
  • Difficulty breathing or low oxygen levels
  • Excessive crying or drooling
  • Weak or absent reflexes
  • Muscle stiffness or floppiness
  • Sensitivity to light
  • Unusual facial features, physical deformities, or skull fractures
  • Difficulty feeding or swallowing

If you notice any of these symptoms or warning signs in your newborn or infant, it is essential to seek medical attention promptly. Early intervention and treatment can make a significant difference in the long-term outcomes for children affected by birth injuries. Also, consider consulting with an experienced medical malpractice attorney to better understand your legal options and pursue justice for your child’s injuries.

Recovering damages for a birth injury

In addition to the emotional distress caused by inadequate prenatal or delivery room care, you could be facing a litany of expenses. Your birth injury lawyer will help you review all potential costs related to your case, such as:

  • Current and future medical expenses
  • Rehabilitation costs, such as physical or occupational therapy
  • Special equipment costs (if applicable)
  • Lost wages and earning potential, including if a parent must stay home to care for a disabled child
  • Non-economic damages, such as pain and suffering or lost quality of life

Get justice for your family with a birth injury lawyer in Palm Beach County

Don’t let the failure of medical professionals prevent you from seeking legal help. When you contact The Law Offices of Casey D. Shomo, P.A., an experienced, skilled birth injury lawyer will review your case and fight for your right to compensation. Call 561-659-6366 today, or complete the contact form on this page to arrange a free consultation.

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