What constitutes a “birth injury”? Legally, it is defined as damage sustained during the birthing process. Most births are joyous events handled properly by medical care professionals. However, about 3 in every 100 births result in some type of serious birth injury. For example, a condition called Erb’s Palsy can occur if medical mistakes are made during the delivery process, resulting in nerve damage and impaired movement or paralysis of the child’s hand, arm, and shoulder.
If your child suffers from the effects of a birth injury, and you feel something could have been done to prevent it, contact Chalik & Chalik.
We have skilled medical experts trained to recognize evidence of malpractice, and we will go in-depth to find out what really happened to your child.
Childbirth is a miracle. Any mother who has brought a baby into the world, or father who has stood bedside and watched a new life emerge, would agree. It’s supposed to be the happiest of times. But sometimes, things go wrong.
There are natural causes for injuries that can occur during the delivery process, such as when the umbilical cord getting compressed or twisted, which can reduce or cut off the baby’s air flow. Sometimes the baby turns around and gets breeched, or he or she is too big to travel down the birth canal, and a Cesarean section operation needs to be performed.
Brain damage is among the most serious of birthing injuries, which can be caused when the baby’s brain is deprived of oxygen and/or bleeding occurs within the brain due to trauma that occurs during the delivery procedure.
Birthing injuries can range from minor to serious, to fatal:
- Minor injuries such as skin irritations
- Serious injuries such as bone fractures, including broken arms and collar bones
- Serious conditions such as Brachial plexus palsy, Cerebral palsy, Erb’s palsy
- Grave complications that can lead to the baby’s death or permanent disability include head and neck injuries, paralysis, brain damage, and brain injury.
If your child has been diagnosed with a birth injury due to the negligence of others, you may be entitled to monetary compensation. To determine if a birth injury was caused by negligence, all the medical records need to be obtained and reviewed. An expert needs to review the records, a summary of the records should be made, and medical literature often needs to be collected to determine whether the case has merit.
The process can take several months.
There may be time limitations to a birth injury case, so please contact the Florida birth injury attorneys Chalik & Chalik as soon as possible. These are the limitations governing malpractice lawsuits in the State of Florida, noting age guidelines for children:
You must commence the medical malpractice lawsuit within 2 years of the date of the act that you believe caused the injury, or within 2 years from the date the injury was identified or should have been detected. If more than 4 years have passed from the date of the act that you believe caused the injury, no malpractice action may be taken.
These limitations apply to minors age 8 and older. Under Florida law, if a child younger than 8 years old has injuries that you believe were caused by medical malpractice, the lawsuit must be filed by the child’s 8th birthday or within the time frame limits defined above, whichever time period is greater.
If your doctor made a mistake during labor and delivery, Chalik & Chalik will hold the doctor or hospital accountable and get you the financial compensation you need to care for your child.
The caring attorneys of Chalik & Chalik Law Offices have knowledge and experience regarding medical malpractice issues concerning children throughout Florida. Injuries to children and birth injury cases can be very complex and proving medical liability can be difficult. So you need tough, compassionate lawyers experienced in this area to research and fight for your claim.