West Palm Beach Birth Injury FAQ
Becoming a parent is one of the biggest decisions a person can make. Unfortunately, pregnancy can come with both joy and pain, even with the best support system. Family, friends, and a stellar healthcare provider help make the process safer and less frightening. New parents must place a lot of trust in their support system during this time.
Unfortunately, sometimes doctors prove themselves unworthy of this trust, and that breach of care can leave you struggling to recover. If you have questions, turn to a birth injury lawyer at The Law Offices of Casey D. Shomo. In the meantime, check out the answers we’ve provided to our most frequently asked questions.
What makes a birth defect different from a birth injury?
Birth defects and birth injuries can both have long-term effects on the health of a child. However, they differ in their causation. Birth defects occur prior to birth and can affect how the body appears or functions. They can be mild or severe. Their causes are not entirely understood, but certain things have been linked to birth defects, such as smoking or drinking.
Birth injuries are a direct result of an issue during or shortly after birth that could have been avoided with proper medical intervention.
What are the most common birth injuries?
Birth injuries are caused when the care team entrusted with the birth of the child fails to provide the best possible care for the mother and child. Birth injuries can be minor or severe, sometimes having lifelong effects. Some of the most common birth injuries are the following:
Who’s liable for a birth injury?
When you or your child has suffered a birth injury, holding the at-fault party liable is essential. But how do you know who’s liable? While a doctor may have caused the injury, it may be the responsibility of the doctor group or hospital that hired them. Your lawyer can help you untangle the fault and file a claim against the correct party.
What commonly causes birth injuries?
Unlike birth defects, birth injuries are caused due to medical negligence. While there are exceptions, these injuries typically come from a healthcare professional breaching their duty of care, which leaves you or your child injured. It can feel all the more upsetting, knowing that the suffering of the baby and its mother could have been avoided.
The most frequently reported causes of birth injuries include the following:
- Improper use of assistive devices (such as forceps and vacuum pumps)
- Uterine rupture
- Oxygen deprivation to mother and child
- Failure to monitor mother or child properly before, during, or after labor and delivery
- Failure to notice signs of fetal distress in time
- Miscommunication between healthcare professionals
- Failure to call for and implement an emergency C-section
When is the doctor liable for birth injuries in Florida?
Doctors are legally bound to a duty of care. This duty of care states that physicians must provide the same care that a reasonable physician would under the same circumstance.
If you are thinking of filing a birth injury lawsuit, there must be some proof that your care team behaved negligently and failed to uphold their duty of care. You must also be able to show how this negligence caused your child’s injury. Finally, you must be able to demonstrate how the negligence and injury have impacted you by illustrating the resulting physical, mental, emotional, and financial damages.
How long do I have to sue for a Florida birth injury claim?
When a personal injury happens, you typically have four years to file a claim against the party that injured you. In case of a medical injury, you may have two years after the date of the discovery of the injuries. Likewise, if your child was injured and you don’t act on their behalf, their time limit won’t begin until they’re 18 years old.
It is also wise to file your suit as soon as possible. Acting now allows you to gather evidence that is more relevant and newer than what may be available later. Even if you have time, talk to a lawyer about your claim.
Seek Out a Birth Injury Attorney in West Palm Beach
If you or someone you love have experienced a child’s birth injury due to the negligence of a healthcare professional, know that there are options available to help you through this difficult time. The Law Offices of Casey D. Shomo has your back with free consultations.
Ready to get the help you need? Call 561-659-6366 or complete the online contact form below to connect with an experienced, compassionate attorney in West Palm Beach.