Protecting the Rights of the Injured CLICK HERE FOR A FREE CONSULTATION

What to Do After a Birth Injury

A birth injury is a physical injury that may have been experienced by the mother or baby during childbirth. These injuries can place physical, emotional, and mental strain on a relationship. Our team of West Palm Beach medical malpractice lawyers at The Law Offices of Casey D. Shomo understands the struggles you are going through.

Any money you could receive by filing a court case could help you or your child through the rest of your lives, but that can be hard to get if you’re not prepared for your claim. Here’s what you need to know about recovery from a birth injury. 

Identify the Cause of Your Birth Injury

A birth injury is considered to be one form of medical malpractice in Florida. Though it may be difficult to tell what resulted in your baby’s injury, it was likely due to one of the following:

  • Improper usage of medical equipment
  • Mother not medicated correctly
  • Hospital staff not trained correctly
  • Not following delivery procedures
  • Not monitoring vitals
  • Not enough oxygen

Though some of the injuries that are obtained during birthing may be fatal, others may result in cerebral palsy, head injuries, or other dangerous injuries. Once you identify an injury caused by a doctor’s negligence, you can move forward with a lawyer to file a claim. 

Gather Evidence 

Proving medical malpractice is difficult. Worse, doctors and hospitals have more funds and more protection, meaning the standards to prove they were responsible for your injuries are high. 

You and your lawyer may start by gathering evidence for your claim. This evidence can help you prove a doctor hurt you because they were negligent and you suffered damages as a result. 

You will want to make sure you have records of this malpractice during your trial. This includes parent statements, statements from other medical practitioners, statements from medical expert witnesses, and medical records. Our team will help you with collecting these documents. 

File a Lawsuit in Court

If your child had injuries after their birth, you may be entitled to compensation. However, you will want to make sure that you file a lawsuit as soon as possible after your child is born. 

According to Florida law, you must file a claim within two years from the time the incident was discovered. If you don’t file within this time limit, your claim may be dismissed. That leaves you paying out of pocket for the losses and suffering you’ve incurred. 

Call a West Palm Beach Medical Malpractice Attorney

The hospital should be a place of safety to heal when you are injured, but medical malpractice is more common than one might think. If you believe your child was injured during the birth process, it is a scary feeling. You are not alone. 

The West Palm Beach medical malpractice lawyers at The Law Offices of Casey D. Shomo are here to walk you through the process and help you obtain the compensation you deserve. We want you to continue to live your life. Reach out to us at 561-659-6366 or fill out a contact form for a free case review at the bottom of this page.