Birth Injury Lawyer

Florida Birth Injury Attorneys Whittel & Melton

Our Florida Birth Injury Lawyers at Whittel & Melton know how exciting it is to have a baby, which is why birth injuries are one of the most tragic forms of medical malpractice. A birth injury can be a heartbreaking loss for parents, and we want you to know that we are here for you with considerable knowledge and resources at our disposal to help with your birth injury negligence claim. Injured mothers and the families of injured children deserve justice and we want to help make sure that happens. You can speak with us today to learn more about how we can help you recover for your injuries or injuries on behalf of your injured child.

Florida Birth Negligence Cases We Handle

Our Florida Birth Injury Attorneys at Whittel & Melton handle all birth injury claims that affect mother and baby during pregnancy and delivery, including the following:

• Wrongful birth: This occurs when a mother gives birth to a seriously disabled child due to a doctor providing inaccurate information or negligence.
• Lack of oxygen: This is also referred to as oxygen asphyxia, and it can result in very severe brain damage.
• Cerebral palsy: Caused by abnormal brain development, which usually occurs before birth and can result from oxygen deprivation, also known as asphyxia.
• Shoulder dystocia: This occurs when the baby’s shoulder gets stuck above the mother’s pubic bone after their head is delivered vaginally. This could lead to a brachial plexus injury or a clavicle fracture.
• Brachial plexus injury: This is when there is sudden damage to nerves in the arm and hand, which can cause loss of movement, weakness, or loss of feeling in the arm, hand, or shoulder.
• Erb’s palsy: Paralysis of the arm, which is the result of a brachial plexus injury.

What are Your Medical Malpractice Rights?

When your child is born with an injury, you have so many questions. Was the injury preventable? Who is to blame? What do you do now? How will you pay for your child’s medical needs?

Our Florida Birth Injury Attorneys at Whittel & Melton are here to help provide you with all of the answers you need. We will make sure you understand all of your legal options for recovery.

To start, it is important to understand the elements of a Florida birth injury claim. To recover financial compensation, you will need to prove every element of a medical malpractice civil claim set forth by Florida statute.

Your healthcare provider must meet a reasonable standard of care. This standard is based on what other professionals in similar roles would do. For example, an obstetrician is held to a higher standard than a primary care doctor. That’s because they have specialized training for pregnancy and delivery decisions. A primary care doctor may not decide if you need a C-section or vaginal delivery. But they should still know how to support a healthy pregnancy. To prove the proper standard of care, our Florida Birth Injury Attorneys at Whittel & Melton consult with medical experts. We work with professionals in all relevant fields.

If your case goes to trial, we may bring in other obstetricians as expert witnesses. They can explain what they would have done in a similar situation — and how your doctor failed to meet that standard. This helps show how the mistake led to injury for you or your child.

Did Your Obstetrician Breach Their Duty?

If your doctor failed to act in a way that detoured from the normal acceptable standard of care, then they breached their duty. Deviations from acceptable care may include:

• Not detecting fetal distress or oxygen asphyxia
• Not diagnosing pregnancy issues such as diabetes, preeclampsia or low blood pressure
• Not weighing the risks associated with a vaginal delivery and recommending a C-section
• Not providing enough or accurate information in regards to possible birth defects
• Not testing for serious medical conditions or failing to test for birth defects
  Not performing an episiotomy correctly to prevent or mitigate tearing to the perineal
• Any of the below actions could indicate a breach of duty: Inducing labor when it is not needed
• Not inserting an epidural correctly
• Prescribing medications that could be harmful to an unborn child
• Tugging excessively on your baby’s shoulder during the delivery

If your baby is injured during delivery, it doesn’t automatically mean you have a birth injury claim. If the doctor did nothing wrong, then there is no cause. On the same note, if your doctor made an error, but you suffered no real harm, then there is no causation for a claim. Causation is the link between the doctor’s breach of duty and the injury. To prove your case, you need to show that the doctor caused or contributed to your injuries or your child’s injuries.

In many cases, the defense will try to blame the patient and not the doctor for the injuries. They may also argue that the injuries were unavoidable. At Whittel & Melton, our Florida Birth Injury Lawyers know how to fight back. We gather strong evidence and explore every angle of your case. We also work with expert witnesses to help prove what really happened and build a strong argument on your behalf.

When Should I Hire a Florida Birth Injury Attorney?

The answer depends on the cause and severity of the injury. If you believe a doctor or hospital made a mistake that harmed you or your baby, we can help. Our Florida birth injury attorneys at Whittel & Melton are ready to represent you. We’ll work to pursue the financial compensation you deserve. Start with a free consultation so we can better understand your case and help you build a strong claim.

During our initial meeting we will ask questions like:

• What is you or your child’s injury?
• What are the expenses related to the injury?
• Do you or your child require surgery or long-term care?
• What was your prenatal routine care like?
• Did your doctor discuss injury risks with you or offer any other birthing options?
• Did anything happen during delivery that suggests doctor negligence or error?
• Did the doctor or hospital blame you for the injuries or encourage you to not contact a lawyer?

Once we collect more information from you we can then suggest how to proceed with a birth injury claim. You have the right to hire the best attorney that suits your specific needs.

What Types of Injuries Should I Call a Florida Birth Injury Attorney About?

Our Florida Birth Injury Lawyers at Whittel & Melton regularly handle complicated birth injury claims for mothers and babies. If you or your child has suffered any of the following complications, we can help.

Brachial Plexus & Nerve Injuries in Newborns

• Brachial Plexus Neuropraxia: Occurs when a newborn’s nerves are overstretched during a difficult delivery. This may require physical or occupational therapy.
• Brachial Plexus Neuroma: A condition where scar tissue forms around a damaged nerve.
• Brachial Plexus Avulsion: Nerves are stretched or torn from the spinal cord. Can cause numbness, paralysis, or permanent disability.
• Brachial Plexus Rupture: Nerves are torn outside the spinal cord and may require surgery.
• Erb’s Palsy: A form of brachial plexus injury that causes arm paralysis due to excessive pulling during delivery.
• Klumpke Paralysis: A rare brachial plexus injury affecting the lower arm and hand.
• Facial Nerve Palsy: Caused by prolonged pressure on the cranial nerve, leading to facial paralysis.

Oxygen-Related Injuries & Brain Damage

• Cerebral Palsy: Caused by a brain injury during pregnancy, birth, or early childhood. Often results from lack of oxygen or nutrients.
• Fetal Distress (Birth Asphyxia): Occurs when the baby is deprived of oxygen during pregnancy, labor, or delivery.
• Oxygen Asphyxia: The baby’s brain and organs fail to get enough oxygen before, during, or right after birth.
• Meconium Aspiration Syndrome (MAS): Happens when a newborn inhales a mix of meconium and amniotic fluid into the lungs during delivery.

Injuries to the Mother

• Femoral Nerve Dysfunction: When a mother’s femoral nerve is damaged during labor, causing leg weakness or loss of sensation.
• Lumbosacral Plexus Injury: Caused by improper epidural placement, leading to leg nerve damage.
• Perineal Tears: Tearing of the tissue between the vagina and anus. Can lead to pain, disability, incontinence, and sexual dysfunction.
• Uterine Prolapse: When weak pelvic floor muscles allow the uterus to descend into the vagina, causing pain and complications.

Other Delivery Complications

• Shoulder Dystocia: The baby’s arm gets stuck during delivery, often leading to a brachial plexus injury.

How Much Will it Cost for a Florida Birth Injury Attorney at Whittel & Melton to Represent Me?

Our Florida Birth Injury Attorneys at Whittel & Melton handle all of our birth injury claims on a contingency fee basis, which means you do not pay us a penny until we recover a financial settlement or award on your behalf. If we are unable to recover damages for you, then you owe us zero attorney’s fees or costs. In our initial free consultation, we will go over our billing process in depth so that you fully understand how we operate before you retain our services.

What is My Florida Birth Injury Case Worth?

We cannot stress this enough: every case is unique, and has its own set of facts and possible damages. We will thoroughly review every aspect of your case to determine its value. Some cases may not have sufficient grounds for legal action, while others could be valued at millions of dollars.

Who Can I Sue for My Child’s Birth Injuries?

You can sue any medical professional or facility that breaches their duty of care to you or your child. Nurses, doctors, specialists, hospitals, labs, etc. can all be at fault for your suffering.

What Should I Do if the Hospital Has Offered Me a Settlement?

We do not recommend that you agree to a settlement or sign any type of agreement with the hospital until you speak with a qualified medical malpractice lawyer. By signing a settlement agreement, you forfeit your rights to any additional financial compensation you may be entitled to.

How Long Do I Have to File a Birth Injury Lawsuit?

Florida has strict deadlines in place for how long you have to file a medical malpractice lawsuit. In Florida, you have two years from the date of your injury or two years from when you discover the injury to file a legal claim. There are exceptions for certain cases, but you generally have no more than four years from the date of you or your child’s injury to file a claim.

How Can I Contact a Florida Birth Injury Attorney at Whittel & Melton?

We are available 24/7 to discuss your medical malpractice claim. You can contact us online or call us at 866-608-5529 to discuss setting up a completely free and confidential consultation.