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Gainesville Birth Injury – Hospital Error – Medical Malpractice Lawyer
What Are Birth Injuries?
Birth injuries are considered any harm that occurs to a newborn child or to the mother during the labor and delivery process. While many babies can suffer from minor injuries during the birth process, like bruises that will heal over time without causing any permanent damage, there are cases where permanent damage can be done during birth that result in severe injuries like brain damage or a spinal cord injury. Doctors should be able to prevent these devastating situations, but sometimes they act outside their standard scope of care which can be considered medical malpractice, which in turn means that they are responsible for any injuries a mother or her newborn baby suffered during the process of pregnancy, labor, and/or delivery.
When birth injuries occur in Gainesville and the surrounding area like Bronson, Starke, Lake City, doctors, nurses and even health care facilities including the hospital may be held liable. In order for a hospital or healthcare provider to be found liable it must be demonstrated that they failed to provide proper care to their patient(s). Not all injuries fall under the realm of medical malpractice, but some definitely do. Mistakes can happen, but you and your child shouldn’t have to pay the price. Birth injuries can be life changing for your entire family, and the pain and suffering you are experiencing can leave you at a loss for what to do. If you believe you or your child suffered birth injuries due to a negligent doctor or other type of healthcare provider, our Gainesville Birth Injury Attorneys at Whittel & Melton want to help you seek justice for your family. Call us today at 352-264-7800 or contact us online for a completely free consultation so that we can help you understand what your legal options are for pursuing a birth injury claim.
What is a Birth Defect?
A birth defect is different from a birth injury in that these may be caused by genetic or inherited conditions or even exposing your unborn child to toxic substances, but the exact cause is unknown. A birth defect is any congenital defect or developmental abnormality that is present in a child at their birth. Birth defects can affect a child’s heart, lungs, spinal cord, intestines, fingers, brain, bones, eyes, ears, limbs, and toes. The Centers for Disease Control and Prevention (CDC) estimates that one out of every 33 babies (3%) in the U.S. is born with a birth defect.
What Are Common Birth Injuries?
Brain Damage: This usually occurs when a baby suffers a head injury during the delivery process and it can be caused by many factors such as umbilical cord choking, asphyxia, and problems during the baby`s extraction such as pulling on the head. Brain damage can result in long-term disabilities that may require around-the-clock care for the foreseeable future.
Cerebral Palsy: This birth injury is usually a consequence of a brain injury during delivery caused by lack of oxygen to the baby’s brain and internal bleeding. This is a very serious injury and one of the hardest to recover from. This can lead to limitation in how the baby functions such as hearing, talking and mental functions, aside from physical disabilities or problems with muscular control, like walking and the ability to move their hands and arms.
Erb`s Palsy: This is caused by nerve damage and can result in nerve damage to the hands, arms, or shoulders which can ultimately lead to paralysis. The main cause of this birth injury is when a baby is born breech (feet first) or when a doctor or nurse pulls too hard on the baby’s head during delivery. Injuries of this nature often require physical therapy throughout the child’s life.
Spinal Cord Damage: A spinal cord injury may reduce your child’s ability to move, touch and feel as the spinal cord is responsible for sending signals to the brain in order to control the movement of body parts. Injuries of the spinal cord can reduce your child’s ability to move and there is no reversing these injuries when they happen. These injuries can be treated by a licensed therapist, which can be costly.
Broken Bones: These injuries usually do not involve any major harm or permanent injuries, but can still be difficult for a newborn or mom to deal with.
The above injuries are just a few examples of birth injuries that exist. It is highly important that you seek legal help when your child is facing birth injuries as these usually involve major health issues and can be a huge financial strain to families. Major birth injuries will require surgeries, special medications, doctor`s visits and therapy that could continue throughout the duration of your child’s life. These expenses add up quickly and you deserve to be compensated for these hardships.
If you or a loved one has suffered from a birth injury, our Gainesville Birth Injury Attorneys at Whittel & Melton are here for you. We want to help you seek the justice you deserve. Call us today at 352-264-7800 or contact us online to learn more about what we can do to assist you.
Do’s and Don’ts for Birth Injury Claims
If you believe you or your newborn child have suffered from birth injuries related to a doctor or other healthcare providers breach of duty, then we recommend taking the following steps:
- Seek medical assistance from a health care specialist related to the specific injuries you or your baby suffered.
- Don’t sign any documents related to the injuries until you have consulted with an attorney.
- Contact our Gainesville Birth Injury Attorneys at Whittel & Melton at 352-264-7800 to discuss your legal options.
After any injury, Doctors, hospitals and insurance companies will likely want you to sign documents related to the injuries you or your child suffered in an attempt to limit their liability. It is important for you not to sign anything without having your attorney review them. You may also be offered compensation that is nowhere near the full amount that the injuries suffered will require. This is their way of trying to prevent any lawsuits and cover their backs, so instead of signing anything, please contact our Gainesville Birth Injury Attorneys at Whittel & Melton so that we can direct you on your next steps towards recovering full and fair compensation for your losses.
What is Standard of Care in Medical Malpractice Claims?
Standard of care is a doctor’s duty to provide you with the proper medical services and experience their profession requires. Reasonable care means customary practices of the average provider, and when medical professionals fail to live up to these standards, this is a breach of their standard of care, and could mean they are liable for the harm they caused.
Our Gainesville Birth Injury Attorneys at Whittel & Melton can help you establish whether or not your health care provider’s act, or failure to act, amounted to medical negligence. We know how to investigate, argue and prove that your healthcare providers failed to provide you with the best medical care which in turn caused you or your child’s injuries.
Contact Us Now for Help with Your Gainesville Birth Injury Claim – 352-264-7800
Birth injuries can be quite serious and result in life-long consequences for you and your child. These injuries don’t just affect the child, but the entire family. Your child may need life-long assistance with everyday tasks and may require multiple types of therapies, numerous surgeries, and special education so that they have the best opportunities to lead a fully functioning and successful life. A medical malpractice lawsuit will allow you to seek the full and fair compensation your child needs in order to live a quality life. If you think that your child’s injury was the result of medical negligence on your healthcare provider or hospital’s part, then we highly encourage you to speak with our Gainesville Birth Injury Lawyers at Whittel & Melton as soon as possible. We can further investigate your situation and help you explore all of your legal options right away.
Medical malpractice claims involving birth injuries can be complex and take time to litigate, which is why we recommend contacting us sooner rather than later. The state of Florida also maintains strict statutes of limitation for medical malpractice cases, so the faster you seek legal help, the faster we can fight to make sure that your child gets the care they need. Call us today at 352-264-7800 or contact us online for a free consultation to learn more about what we can do to help with your birth injury claim.