Tampa Birth Injury Attorneys

The Tampa birth injury attorneys at Jack Berinstein, Injury Attorneys, can help your family if harm occurs during delivery. Birth injuries can be devastating and change a child’s life forever. In childbirth, your baby’s health is in the hands of doctors, nurses and other caregivers. When an injury occurs, it may be due to failure on the part of these care providers. Remember, you have rights.

Let our Tampa personal injury attorneys fight to get you the justice and financial support you deserve after a birth injury.

Birth Injury Lawsuits in Tampa

A birth injury lawsuit in Tampa is the process of claiming financial compensation because of a childbirth injury. The baby or the mother may have the right to a monetary payment. To receive that payment, they must bring a birth injury lawsuit. The basis for the case is that the injury resulted from the medical professional’s failure to provide adequate care. The compensation that the victims may claim is the sum total of their financial costs related to the injury, as well as an amount for the pain and suffering that they endure.

Common Birth Injuries FAQs

What Are Common Birth Injuries?

Examples of common birth injuries include:

  • Cerebral palsy/Erb’s palsy/Other brachial plexus injuries
  • Paralysis
  • Fractures (collarbone fractures are common)
  • Developmental injuries that result from a lack of oxygen
  • Cephalohematoma
  • Perinatal Asphyxia
  • Caput Succedaneum
  • Hemorrhages
  • Spinal cord injuries
  • Skull fractures and damage

To qualify for compensation, a birth injury must be the natural consequence of the medical professional’s negligence or failure to provide adequate services. Your Tampa birth injury attorney can help you determine whether medical malpractice is the cause of your child’s injuries.

How Long Do You Have to File a Birth Injury Lawsuit in Florida?

You may have as little as two years to file a birth injury lawsuit in Florida under Florida law 95.11. The two-year time limit may be extended up to age eight for childbirth claims under Tony’s law. However, it’s essential to begin working on the case right away because the time limit may be cut short if the parents knew or should have known of the doctor’s negligence.

What Kind of Lawsuit Is a Birth Injury?

A birth injury lawsuit is a medical malpractice and negligence lawsuit. Medical malpractice is a failure to provide adequate medical care. The legal standard is based on the training and skill that a professional should have in their position. If the medical professional makes an error because of a lapse in training, skill or attention, they may be legally liable for medical malpractice.

Negligence is another kind of birth injury lawsuit. Negligence is a standard that can apply to anyone regardless of medical training. Anyone involved in the birth has a duty to act reasonably with due care and caution. A lack of reasonable care can be the basis of a birth injury personal injury lawsuit.

Causes of Birth Injuries

Any form of malpractice or negligence can be the cause of a birth injury. Some common causes of birth injuries include:

  • A lack of training for doctors and nurses to recognize and respond to signs of distress
  • Prolonged labor
  • Inadequate attention during delivery; poor monitoring of mother and child
  • Lack of supplies
  • Poor sanitation
  • Forceps used incorrectly; other poor techniques with instruments
  • C-section when not needed or C-section not performed when needed
  • Failure to follow training or acceptable standard practices
  • Lack of aftercare
  • Mistakes in dispensing of medication and fluids
  • Oxygen errors

These are just some examples. Our Tampa birth injury attorneys can work to investigate how the birth injury occurred in your case.

How Do You Get Compensation for a Birth Injury Claim?

To get compensation for a birth injury claim, you file a birth injury lawsuit. The victim works with their attorneys, who gather all of the evidence to prove the claim. You must prove:

  1. The medical professional had a duty of care. In a birth injury case, you use medical testimony to show the standard of care that the professional should have used in the case.
  2. A breach in the duty of care occurred when the professional failed to provide adequate care. Eyewitnesses and medical records explain what actions the medical professionals took. Expert testimony explains how these actions amounted to a breach of care.
  3. Because of the breach in care, injuries occurred to the mother, child or both.
  4. The mother or child has damages, including medical bills, rehabilitation, therapy, pain and suffering, changed lifestyle and potential lost income.

In any birth injury case, it’s critical to establish what the injuries are and what the child’s needs are going forward. The damages and related financial losses must be proven in the case. An experienced birth injury attorney can work with you to gather the necessary proof and value the pain and suffering that accompanies economic damages.

Our Birth Injury Law Firm in Tampa

Did something go wrong with your delivery? Have you or your child been a victim of medical malpractice or negligence during childbirth? We invite you to contact our birth injury law firm in Tampa.

When a birth injury occurs, you need a place to turn. That’s why Jack Bernstein has been helping personal injury victims since 1983. Our experienced legal team handles birth injury cases and any cases that involve injuries because of the negligent acts of others.

With a background in accounting, Jack Bernstein has the skill and attention necessary to handle the complexities of life-long injuries that can result from a birth injury. He oversees each case, and he personally selects the team that’s right for your situation. The entire Jack Bernstein, Injury Attorneys team is proud of the thousands of people that they have helped seek justice. Call today for your free consultation to get started.

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