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Birth Injuries in Florida

babyDuring the labor and birth process, a baby needs proper medical attention so that everything goes smoothly. When mistakes are made, the consequences can be shattering. If you suspect that a medical professional caused your baby’s injury during childbirth, it is important to speak to someone as soon as possible. Hospitals and health care professionals have an obligation to ensure the safety and health of newborn children. At the Law Offices of Robert Dixon, our Miami medical malpractice attorneys have the skill and knowledge to distinguish between unavoidable childbirth complications and healthcare provider errors.

Research indicates that for every 1,000 babies born alive in the United States each year, six babies incur birth trauma injuries. These injuries can range from mild to severe. While mild injuries can often be overcome quickly, severe injuries can have very serious life-long consequences for the child, including disruptions in the child’s basic day-to-day activity.

Some common examples of birth injuries include:

  • Forceps and Suction Injuries:  Physicians have an obligation to decide when it is appropriate to use instruments such as forceps and suction to aid in the delivery of a newborn. When these tools are improperly or carelessly used, serious injuries can result.
  • Cerebral Palsy:  Cerebral palsy is a wide-ranging term to refer to a number of disorders that impair the motor functions and development of a child due to injury to the brain. The condition is caused by errors made by medical professionals in the very early stages of life, such as when not enough oxygen reached the fetus’ bran during childbirth.
  • Brain and Spinal Cord Injuries:  A medical professional’s carelessness can cause brain or spinal injury to the baby. These types of injuries can affect the baby’s development and the quality of life for the remainder of the child’s life.

It is important to note the conditions described above are merely a few examples of birth injuries. There are many more. To determine if your baby has been injured during the birth process, you will need to speak to a professional who can assess the merits of your case.

Medical malpractice takes place when a medical professional fails to offer a reasonable standard of care. Under Florida law, a reasonable standard of care means “the level of care, skill and treatment which is recognized as acceptable and appropriate by reasonably prudent, similar health care providers under similar circumstances.”

For a plaintiff to prevail on a birth injury claim, the plaintiff needs to establish the following elements:  i) the health care professional owed the patient a duty to adhere to the reasonable standard of care; ii) the health care professional breached the duty owed to the patient by deviating from the reasonable standard of care;  iii) the baby’s injury was a direct result of the health care professional’s breach; and iv) quantifiable damages resulted.

Birth injuries can have life-long consequences for both a baby and a family. Our experienced and knowledgeable medical malpractice attorneys have helped many South Florida parents try to hold negligent medical professionals responsible for their negligence, and we can help you as well. We believe in providing compassionate yet vigorous representation to each and every one of our clients. With years of experience, we are well-versed in this area of the law. To learn more, contact us online or call us today at 1-877-499-HURT (4878).

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