Welcoming a new child to the world is a wonderful experience and it should be the happiest moment in a couple’s relationship. Unfortunately, medical accidents and avoidable birth defects do occur from time to time. This misfortune may be the result of negligence, improper medical care, and/or prenatal misdiagnosis. If you feel that your newborn baby has experienced an injury during the birthing process or is living with an abnormality due to negligent actions or the result of prescribed medications, the Florida statute of limitations allow victims a maximum of two years to file a lawsuit. That being said, it’s important to collect as much information and evidence as you can during this period to prove your birth injury case in a court of law.
Birth defects can arise from a variety of factors, including both natural causes and the use of certain medications during pregnancy. While some birth defects occur spontaneously and are unrelated to any external influence, it is important to recognize that certain prescribed medications can contribute to the development of abnormalities in newborns. Birthing abnormalities may be a side effect caused by antidepressants, blood thinners, hormone drugs, sedatives, acne medications, anti-inflammatory medicine, diabetes medication, or drugs that reduce folic acid levels.
There are selective serotonin reuptake inhibitors or SSRI medications, like Lexapro, Zoloft, Symbyax, Fluvoxamine, Prozac, and Paxil that are prescribed to female patients suffering from depression and anxiety. Birth side-effects may result from these certain medications. However, it is important to note that the risk varies depending on the specific medication and individual circumstances. It is crucial for expectant mothers to consult with their healthcare providers to assess the potential benefits and risks of continuing or discontinuing medication during pregnancy, taking into account the severity of the underlying condition and alternative treatment options.
It’s of the utmost importance to check with your doctor if you are pregnant and taking any medications, and it’s wise to research the risks of continuing certain prescriptions while pregnant. The CDC claims that 1 in 28 babies born in Florida have a major birth defect, and that some cases are preventable. By considering all available information and individual circumstances, expectant mothers can make informed decisions in collaboration with their healthcare team to ensure the well-being of both themselves and their unborn child.
The causes of birth injuries can be multifaceted and complex. Some injuries are the result of inherent risk factors or unavoidable complications that arise during the birthing process. These include premature birth, abnormal fetal positioning, umbilical cord prolapse or compression, and maternal health conditions such as preeclampsia or gestational diabetes.
Some causes of birth injury that our personal injury attorneys may be able to help with include:
Birth injuries can have a profound impact on families, affecting every aspect of their lives. The toll that birth injuries take on families is not limited to the physical and emotional challenges faced by the child but extends to the parents, siblings, and the entire support network. Feelings of grief, guilt, anger, frustration, and sadness are common as they navigate the challenges and uncertainties of their child’s condition. Coping with these emotions while striving to provide the best possible care for their child can be overwhelming for parents and siblings alike.
For these reasons, seeking damages is crucial. The costs associated with medical treatments, therapies, assistive devices, and ongoing care can quickly accumulate. Families may face significant out-of-pocket expenses, which can lead to financial strain and impact their ability to provide for the child’s needs as well as the well-being of other family members.
The damages recovered by our clients in birth injury cases include:
The financial impact of birth injuries can be overwhelming, making it crucial for families to seek compensation to alleviate the financial strain and secure the necessary resources to provide the best possible care and support for their child’s well-being. Consulting with a birth injury attorney can help families understand their rights, explore potential avenues for compensation, and seek the financial assistance needed to navigate the challenges associated with birth injuries.
If you suspect that your newborn baby has sustained an injury during the birthing process or is living with an abnormality as a result of negligent actions or the use of prescribed medications, it is crucial to have a clear understanding of the legal aspects involved. In the state of Florida, there is a statute of limitations that establishes a maximum time frame of two years to file a lawsuit for birth injuries. This limited window of time highlights the importance of acting promptly and diligently in gathering relevant information and evidence to substantiate your birth injury case in a court of law.
While the two-year period may appear sufficiently lengthy, it’s advisable to take prompt action. Begin by gathering comprehensive information to bolster your claim, including medical records, diagnostic reports, and documentation pertaining to the pregnancy, labor, and delivery. Next, contact a Florida birth injury attorney to assist with your case. They possess the expertise and knowledge necessary to navigate the intricacies of the legal system, ensuring that your rights are protected and that you have the best possible chance at a successful claim.
Porcaro Law Group takes immediate action, allowing you and your family to concentrate on the recovery process. With our experienced attorneys handling your birth injury case, you can feel assured that you have a compassionate and well-informed advocate by your side.
You should consider contacting a birth injury lawyer if you suspect that your child has suffered harm or injury due to medical negligence or errors during the birth process. It’s essential to reach out to a birth injury lawyer if you believe that the injury could have been prevented or was a result of medical malpractice.
Birth injury cases can be legally intricate, involving medical records, expert testimonies, and complex laws. An attorney can navigate these complexities on your behalf and ensure you receive fair compensation for medical expenses, ongoing care, and emotional distress.
A birth injury refers to any physical or neurological injury sustained by an infant during the process of childbirth. These injuries can occur before, during, or immediately after delivery.
Birth injuries can vary widely in terms of their severity and potential long-term impact. While some birth injuries may cause temporary effects that can be addressed and resolved with medical intervention, others can result in permanent disabilities or ongoing health challenges. The outcome largely depends on the type and extent of the injury, as well as the quality and timeliness of medical care provided.
Several conditions are considered types of birth injuries. These conditions can result from complications during pregnancy, labor, and delivery, and they can have varying degrees of severity. Some common types of birth injuries include cerebral palsy, fractures, intracranial hemorrhage, and infections.
In general, personal injury cases can take anywhere from a few months to several years to reach a resolution.
Yes, it is possible to sue for fetal laceration if you believe that the injury occurred due to medical negligence or malpractice during the course of childbirth. Fetal lacerations, also known as birth-related injuries, are cuts or tears that occur on a newborn’s body, often during a complicated or difficult delivery. These injuries can result from improper use of medical instruments, mishandling during delivery, or other medical errors.
A birth defect is a structural or functional abnormality present at birth. Birth defects develop during pregnancy when the baby is forming in the womb. A birth injury, on the other hand, is harm or damage that occurs to a baby during the process of labor and delivery. Birth injuries are often the result of medical negligence, mistakes, or complications that arise during childbirth.
No one deserves to suffer, no matter the circumstance. Our birth injury attorneys hold vast knowledge of Florida’s medical laws and will go up against top medical lawyers for you. If you feel that you or your loved one was harmed medically during the birthing process or from supplements or medicine that you were prescribed, our birth injury attorneys will work tirelessly to recover your settlement and provide you with the support you need during this challenging time.
Our birth injury attorneys help families in Delray Beach, Boca Raton, Boynton Beach, Deerfield Beach, West Palm Beach, Pompano Beach, Fort Lauderdale, Miami, and the South Florida area. For more information or to schedule your free consultation, please contact us today or give us a call at (561) 450-9355. We will evaluate your case for free and discuss your filing options.
You can learn more about birth injuries in Florida by visiting the Florida Birth Defects Registry.