A birth injury can be a traumatic and life-changing event for both the infant and the infant’s family. Medical providers have a responsibility to adhere to the required standards of care during a mother’s pregnancy, labor, and delivery. Any act or omission by the doctor that falls short of these standards could lead to a devastating birth injury. If your family has suffered from this form of medical malpractice in Clearwater, Florida, we are here to help. Our attorneys will treat your case as if it were our own.
Do You Have a Birth Injury Claim?
You or your attorney must establish certain elements to have a valid birth injury claim in Florida. It is up to you or your lawyer to present compelling evidence to support each element. The burden of proof is a preponderance of the evidence, meaning enough proof to establish that the defendant is more likely at fault than not at fault for the birth injury suffered.
The four main elements of a birth injury claim are:
- You and the defendant had a patient-doctor relationship at the time of the birth injury. This will create a professional duty of care owed to you and your unborn child by the defendant.
- The defendant fell short of the duty of care, meaning committed an act or omission that a reasonable and prudent physician would not have in the same or similar circumstances.
- The defendant’s breach or violation of the accepted standards of patient care was the proximate or main cause of the injury that you or your newborn child suffered.
- Your family has specific, compensable losses or damages as a result of the defendant’s malpractice or breach of the standard of care.
An attorney from Bailey & Glasser, LLP can make it easier to meet the burden of proof by thoroughly investigating your case, collecting evidence of negligence or malpractice, hiring medical experts to testify, and taking other steps to build the strongest possible birth injury claim on your behalf. We care about our clients and work tirelessly on each case we handle.
Examples of Birth Injuries
The negligence of a healthcare provider or facility can cause immense harm to a vulnerable infant during labor or delivery. Even a few minutes of oxygen loss due to the failure to monitor a fetus, for example, could lead to permanent brain damage. Every medical practitioner involved in the baby’s delivery needs to adhere to strict standards of care.
Medical malpractice during childbirth could cause the following types of birth injuries:
- Traumatic brain injuries
- Acquired brain injuries
- Brain hypoxia
- Cerebral palsy
- Brachial plexus damage
- Erb’s palsy
- Bone fractures
- Muscle and ligament damage
- Nerve damage
- Spinal cord injuries
- Infant death
If your child was diagnosed with any type of injury and you believe the actions of a healthcare professional before, during, or soon after childbirth is to blame, discuss the possibility of bringing a medical malpractice claim with one of our attorneys in Clearwater.
Speak to an Experienced Birth Injury Lawyer Today
Finding out that your child suffered an injury during the labor and delivery process can be overwhelming. These cases are highly emotionally charged for everyone involved. At Bailey & Glasser, LLP, we offer free, no-obligation consultations to families who wish to explore their legal options after learning of a birth injury. During this consultation, we will listen to your story and determine if your case has merit.
Schedule your free case review today by calling (727) 894-6745 or contacting us online anytime. We look forward to helping your family during this difficult time.
In addition to our dedicated service in birth injury cases, Bailey & Glasser, LLP, is proud to extend our legal expertise to victims of truck accidents, medical malpractice, and wrongful death. Our seasoned attorneys are ready to pursue justice across these diverse practice areas, each requiring a unique blend of knowledge and strategy. We are committed to holding the responsible parties accountable, while tirelessly working to secure the maximum compensation for your losses. Your trust in us is a responsibility we take very seriously, as we strive to advocate for your rights and well-being at every step of the process.