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For more than 15 years, AttorneysTrialGroup.com has represented those who have been seriously injured. Through experience and education, our firm is able to expertly evaluate medical injuries and pursue birth injury claims on behalf of our clients. We are a statewide litigation firm committed to protecting the safety of Florida’s families since 1988, and have recovered more than $100 million in verdicts and settlements for our clients. While nothing can compensate for the trauma of a child who has a birth defect or injury, our legal experts can help ensure that you receive the resources to provide some comfort and monetary consideration for the care of your child.
Statistics show that approximately 27 of every 1,000 births in the United States results in a birth injury. A "birth injury" is defined as any type of damage to an infant's body before, during or just after birth. Birth defects can cause death, or mental and physical impairment. While a birth defect may be genetic in origin, it can also occur as a result of a mother’s exposure to chemicals, disease, and environmental toxins while the baby is developing (in utero).
The March of Dimes cites 60 percent of birth defects as due to unknown causes; however, thousands of developmental defects and fetal deaths are attributable to an expectant mother’s exposure to toxic substances. Studies have shown that women living within two miles of a landfill have an increased chance of giving birth to a baby with spina bifida, a hole in the heart, or other defects. Pregnant women exposed to high levels of pollutants have almost three times the risk of delivering an infant with a cardiac problem. Polychlorinated biphenyls (PCBs) are well documented hazards to pregnant women and may inhibit a child’s intellectual ability, short and long-term memory and attention span. Microcephaly (an abnormally small head circumference) is caused by detrimental in utero factors such as pharmaceutical drugs, radiation, or a mother’s prenatal infection of rubella (German measles).
Heavy metals (gold, lead, mercury), cleaning solutions, paint, caffeine, radiation and drugs and alcohol are also culprits in causing birth defects. Manufacturers who fail to inform (via labeling) pregnant women of the risk can be held responsible for the birth defects caused by their products.
During labor and delivery, medical complications can result in birth injuries. Doctors and health care professionals must exercise the utmost care to avoid injury to babies during the especially vulnerable times of labor induction, Cesarean section, and mechanically assisted (forceps) births. Babies who experience severe oxygen deprivation to the brain, or head trauma, during these delicate obstetrical procedures often die or face disabilities. Approximately 10,000 babies each year develop cerebral palsy (a condition which impacts the ability to control movement) as a result of oxygen deprivation. Oxygen shortage also causes hypoxic-ischemic cephalopathy brain damage. Other types of traumatic obstetric birth injuries include prenatal asphyxia, Erbs Palsy or Brachial Plexus Palsy, Klumpke's Palsy, Torticollis, and Shoulder Dystocia. Fractures, spinal cord trauma, cephalohematoma and intracranial hemorrhage may be the result of preventable obstetrical damage. Medical providers may be held liable for:
- Difficult
or prolonged labor (often due to a large baby);
- Failing
to detect the umbilical cord wrapped around a
baby’s neck;
- Unreasonable
delay in performing an emergency Cesarean section;
- Failure
to test and treat conditions during pregnancy, or
misdiagnosis
- Failing
to recognize negative fetal signs
There are many
"natural" circumstances wherein oxygen
deprivation can occur during the labor and delivery
process: the umbilical cord can become compressed or
twisted in the birth process; the baby is too large to
pass through the birth canal easily, or the baby is
breach or sideways in the womb.
There are also many circumstances where brain damage or
brain injuries are caused by mistakes made by doctors,
hospitals or other medical professionals during the
delivery process: a delay in performing a necessary
C-section delivery, complication with a VBAC (vaginal
birth after C-section) delivery - such as uterine
rupture, use of excessive force during the delivery, or
a miscalculation in the size of the baby, causing a
traumatic delivery.
An experienced birth injury lawyer should be consulted
if your infant has suffered a birth trauma and you
suspect those injuries were caused by medical
negligence. The attorney should be consulted immediately
after birth, even if the extent of the injuries and
damages are not yet known. Appropriate discovery is
essential to knowing whether there is a case, and to
knowing what the likely costs will be that are
associated with any permanent injury.
We are on your side.
The aggressive litigation skills of AttorneysTrialGroup.com lawyers have resulted in significant jury verdicts
and recoveries for our clients against numerous large
corporations and insurance companies. If your child has
suffered a birth defect, a mild or traumatic birth
injury, or if you have lost an infant due to medical
error or negligence, please contact AttorneysTrialGroup.com today via our online contact
form, or call our Orlando office at (407) 381-4123,
or our Kissimmee office at (407) 846-2240. Birth Injuries Questions & Answers
1. What are the most common types of birth injury?
2. Is there statute of limitations for birth injury cases?
3. What are the most common instances of medical negligence in a birth injury case?
4. What should I do if I suspect medical negligence caused my child’s birth injury?
5. How do I know if my doctor's negligence caused my child's birth injury?
6. My child was diagnosed with a birth injury called Cerebral Palsy. What is and what causes cerebral palsy?
7. What are other types of birth injury?
8. What is the
difference between a birth defect and a birth injury?
9. Should I hire a lawyer to help with a birth injury claim?
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