BIRTH INJURY DEFENSE

Medical malpractice cases involving an injury at birth are sensitive and complex. In a case of a birth injury, the average person does not understand the intricacies of health care. When a parent is faced with the news that their newborn child has suffered an injury, their natural instinct is to look for someone to blame. That blame often falls on the medical staff.

Litigation against medical professionals can result in life-changing consequences. Parents can and will sue for past medical expenses, future medical expenses and care, pain and suffering, and possibly even future non-medical expenses. It is critical that you secure experienced legal counsel if you have been accused of medical malpractice resulting in a birth injury. An adept medical malpractice attorney can minimize the risk to your medical license, reputation, livelihood, and future ability to carry malpractice insurance.

The nuances of a medical malpractice case require a great deal of care. Each case is uniquely different and personal. Any birth other than a normal birth frequently leads to a claim against the attending physician. These physicians are among the most severely affected by medical malpractice cases. Examples of more common birth injury cases are:

• Fractures during delivery
• Erb’s Palsy
• Brain injury
• Wrongful birth
• Apoxia
• Injury from use of forceps/tools
• Injuries from vacuum birth
• Brachial Plexus injury
• Cerebral Palsy
• Shoulder Dystocia
• Umbilical cord strangulation
• Nerve damage and paralysis
• Oxygen asphyxia

No matter the type of injury, if you have been accused of medical malpractice, you need a defense attorney who will handle your case with great attention to detail.

It’s easy for a parent to immediately blame the medical staff for a birth injury. Any injury affecting their child, especially a newborn, is difficult to process. Any parent’s natural instinct is to find a place to focus their anger and pain. In many cases there is a medical explanation for the injury that does not involve the negligence of the attending medical staff. Such complications that can cause birth injuries are:

• Complications relating to placenta/cords/membranes
• Prolonged labor
• Too large/small baby
• Premature birth
• Breech birth
• Maternal complications
• Delivery complications

Although complications may arise during childbirth, those complications are not always the fault of the attending staff.

Whether you are a physician, nurse, or midwife, if you have been accused of medical malpractice resulting in a birth injury, I can help. I will do everything within my power to represent you during this difficult time. I will aggressively litigate on your behalf with an adept understanding of the sensitivity of your case. Dial 850-CALL-JOE today for a free consultation. I am available to you, day or night.

For more information on birth injury claims, see Florida Statutes 766.305 and 456.0495.