Having a baby should be a joyous and exciting occasion for parents, not a traumatic one. Unfortunately, when a baby suffers a birth injury, everything changes. Some birth injuries are not foreseeable, but many can be prevented. If you believe medical negligence led to your baby’s injuries, it’s time to contact a Sarasota birth injury lawyer.
Birth injuries can have severe physical, emotional, and financial impacts on a family. You need a legal advocate who will be there for you every step of the way. At James Horne Law, PA, we have the knowledge and experience to help you hold negligent medical providers accountable.
Common Causes of Florida Birth Injuries
Birth injuries can occur due to the action or inaction of medical professionals at any point during a pregnancy. In other words, medical negligence can lead to injuries during development, during delivery, or after delivery.
Some of the most common causes of birth injuries are:
- Failing to monitor fetal heart rates,
- Misdiagnosing or failing to diagnose a mother’s medical condition,
- Failing to monitor delivery room patients,
- Failing to properly complete medical procedures,
- Delaying a C-section,
- Giving incorrect drugs in the delivery room,
- Failing to notice that a baby’s brain is not getting enough oxygen,
- Using forceps or other delivery room tools improperly, and
- Failing to detect problems during fetal development.
If any of these situations apply to you, please immediately contact a lawyer for birth injuries in Sarasota.
Types of Birth Injuries We Handle
Birth injuries are varied. Examples of some of the most common birth injury cases we are available to represent you for include:
- Cerebral palsy,
- Erb’s palsy,
- Bone fractures,
- Anoxia and hypoxia,
- Spinal cord injuries,
- Facial paralysis,
- Brain damage, and
- Wrongful death.
When you meet with a Sarasota birth injury lawyer at James Horne Law, we will discuss the specifics of your case to help determine if you are eligible for compensation under medical malpractice laws.
Mistakes can happen during medical procedures. However, not all errors rise to the level of medical negligence. That’s why we need to thoroughly review the events to help you decide on the best course of legal action.
It probably comes as no surprise that medical professionals and facilities vigorously fight against any allegations of malpractice. Their insurance adjusters and legal teams will usually try to avoid paying compensation, which is why building the strongest case possible is crucial. The best decision you can make is to hire an experienced Sarasota birth injury lawyer.
Determining Whether Medical Negligence Led to a Birth Injury
Before you can collect any compensation, you must prove the defendants are responsible for your baby’s injuries. Proving legal responsibility is one of the most challenging aspects of pursuing a birth injury lawsuit.
We look at several factors when determining who might be responsible. Some of the most important questions we ask include the following:
- Did the medical professionals and hospital or medical center staff act reasonably? Did they uphold a professional standard of care and do everything necessary to avoid injuries?
- Were the providers aware of possible complications if you delivered your baby via C-section? Was your C-section planned or a last-minute decision because of difficulties?
- Does the provider or the medical facility have any prior history of being sued for birth injuries?
- What is the prognosis for your baby’s injuries?
- What damages have you and your child suffered?
You must prove your medical providers were negligent to be able to recover compensation. Answering these questions is important and will help your attorney identify potential instances of medical negligence.
Potential Compensation in a Birth Injury Case
Every case is unique, so your recoverable damages will likely differ from other birth injury cases. In general, recoverable damages can include:
- Medical expenses to date;
- Future estimated medical costs;
- Lost wages if you must leave your job or work fewer hours to care for your baby;
- Therapy and rehabilitation;
- Disability and disfigurement;
- In-home care, special education, and other related costs; and
- Pain and suffering.
Once we review your case, we will calculate and discuss your potential damages. Because of the complex nature of birth injury cases, attorneys often hire experts to assist in case valuation. If your baby will need lifelong treatment, it’s crucial to have an expert who can discuss what is necessary for their future care and provide a potential range for their lifetime healthcare costs.
One of the biggest mistakes victims can make is trying to negotiate a settlement without a legal advocate. You need someone who can accurately calculate your future damages. Otherwise, you might later realize you do not have enough money to cover future medical expenses and in-home care.
Choosing the Right Birth Injury Attorney Near Sarasota
When hiring a Sarasota birth injury lawyer, you want to hire the best attorney for your case. Don’t hire a personal injury lawyer who doesn’t have relevant experience. When comparing law firm options, keep these questions in mind:
- Is the attorney an experienced negotiator and litigator?
- Does the attorney have experience handling similar birth injury cases to yours?
- Is the attorney licensed in Florida?
- How comfortable are you speaking with the attorney? Are they likable? Will a jury relate to them?
- Does the firm have the time and resources to take on your case?
- What is their success rate at trial?
James Horne Law has ample litigation experience and a proven record of success. We have the legal skill and medical knowledge necessary to help you build a strong case against negligent parties.
Contact James Horne Law
You have rights if you believe your baby suffered a preventable birth injury due to medical negligence. Please speak with a Sarasota birth injury lawyer at our firm right away to learn how we can assist you. We have years of experience handling medical malpractice and birth injury claims. We know the importance of holding these parties accountable while ensuring you have the financial assistance necessary to take care of your baby. Contact our office today to schedule a free consultation to learn how we can assist you.