Birth Injury Lawyer Miami FL
Your new baby has finally arrived! Your anticipation has been building for nine months, and now that special day is here. This should be a joyous occasion. However, if you were prepared for a healthy new child, but not prepared for a child harmed or disabled by medical negligence, you will likely need to turn to a Miami, Florida birth injury lawyer.
When a doctor or medical institution commits obstetric malpractice, they should be held accountable for the birth injury harm. Children and their families who have suffered damage or have witnessed the after-effects of a birth injury often need to seek justice through litigation for their harm, pain, and suffering. While financial compensation does not make up for the harm committed, it can go a long way toward helping children and families cope with the devastating aftermath of a birth injury.
Types of Birth Injuries
There are numerous types of birth and delivery injuries, including:
- Erb’s palsy
- Cerebral palsy
- Shoulder dystocia
- Respiratory distress
- Uterine rupture
Sometimes, these injuries can lead to permanent disability or even fatalities.
Pursuing Birth Injury Litigation
Birth injury cases are typically complex and often emotional litigations. When a newborn infant is the victim of negligence from doctors or hospitals, it may affect the rest of his or her life. The child and its parents should take the legal steps necessary to ensure that they are taken care of financially through a birth injury lawsuit.
An aggressive approach may be necessary. Doctors and hospitals are backed by insurance companies that retain a team of lawyers who are trained to argue that the medical providers were not negligent or at fault. While cases such as these can settle out of court, a Miami FL birth injury lawyer should still be prepared for trial. A birth injury lawyer who is prepared and ready to go to court can give your birth injury case a “leg up” in negotiating a reasonable settlement for you.
Choosing a Miami Birth Injury Lawyer
A qualified birth injury lawyer should be able to help parents obtain enough compensation to pay for all the expenses they need to raise a birth-injured child. These might include some of the following:
- Lifelong medical therapies and treatments
- Lost wages and earning potential (if parents are unable to work so they can remain at home to care for the child)
- Assistive technology and medical devices
- Personal care and lifestyle support
- Home and vehicle modifications
- Any other needs a birth-injured child may have throughout his or her life, including what will be needed after the parents have passed away
Attorneys who are dedicated and committed to birth injury law will have an extensive history of handling birth injury litigation. Birth injury lawyers fall under the legal umbrella of personal injury law. Some attorneys generalize or work in all areas of personal injury. Many birth injury attorneys do further specialize in specific injuries. While birth injury suits usually center on the child, many birth injury lawyers and also handle cases of catastrophic injury to the mother during the childbirth process, or can help if either mother or child is harmed by a defective product or medical device.
To find out more, schedule a consultation with a qualified and credentialed birth injury lawyer Miami FL parents recommend from the Law Offices of Needle & Ellenberg today.
We Can Help
Instead of celebrating the birth of your child with your family and friends, you are worried about finding a birth injury lawyer Miami FL parents trust. Unfortunately, this situation is more common than you may think. No matter what your baby’s birth injury is, the most important thing you can do may be to take legal action. You and your family deserve fair compensation for the pain and suffering you have had to endure.
Obtain the Proper Documentation
To help a skilled birth injury lawyer Miami FL offers build a strong case, it may be crucial to obtain the following documentation:
- Your medical history, including any health conditions and medications taken during the pregnancy
- Medical paperwork that includes information about your delivery, such as whether you delivered your baby vaginally or through a C-section
- Names and contact information of the obstetrician and other medical staff who cared for your baby
- Documentation about your child’s condition, including his or her birth defect and the type of care he or she will require
A birth injury lawyer in Miami FL may use this information to determine your chances of winning your case.
Make Sure Your Child Is Receiving the Best Care
While you are searching for a reputable birth injury lawyer Miami FL is proud to have in the community, make sure your baby is taken care of properly. During the initial appointment, don’t hesitate to ask the physician as many questions as possible. If you feel uncomfortable about the treatments or procedures he or she is suggesting, speak up. You have rights as a parent, and your baby deserves the best possible care.
Be Prepared to Answer Your Lawyer’s Questions
During your first consultation with a Miami FL birth injury lawyer, expect to answer a lot of questions. Your birth injury lawyer Miami FL respects will want to know why you believe the doctor who cared for your baby was negligent, and if you had any health concerns while you were pregnant. He or she will also wonder what your biggest concerns are about your child’s future health and medical needs.
Ask Your Lawyer Questions
After your birth injury lawyer has asked his or her questions, you should ask your own. For example, you will want to know how many medical negligence cases your lawyer has handled in the past and how he or she plans to prove that your obstetrician was negligent during your baby’s birth. Asking detailed questions about your lawyer’s skills and experience will help you determine if he or she is the right person to take your case.
If you are concerned about the cost of hiring a birth injury lawyer, you will be glad to know that most of these attorneys work on contingency fees. This means that an experienced birth injury lawyer Miami FL families rely on will only get paid if you win your case.
Medical Experts in Birth Injury Lawsuits
When a hospital or birthing center is negligent in adhering to the standard of care all expectant parents expect, newborns can end up with serious to severe birth trauma. This negligence can result in long-term or permanent disability to both the baby, as well as to the mother, depending on the extent of the negligence.
At Needle & Ellenberg, P.A., each Miami FL birth injury lawyer understands that the last thing distraught parents may be thinking about when their infants have sustained a birth injury is filing a malpractice case against those responsible. But it is critical to these cases that evidence be collected as quickly as possible following the birth in order to preserve the case.
This is where our firm can help. We can do all the investigation needed to build a case and get your family the financial justice you deserve, allowing you the time to take care of your baby.
The first step a Miami FL birth injury lawyer will do in the investigation is to obtain all of the medical records that pertain to the pregnancy, labor, delivery, and post-delivery for both the mother and baby. These records are often key in proving the negligence and errors made by medical professionals in birth injury cases.
Another key step in your case will be choosing a medical expert who will identify the negligent actions and testify to jury the details of the negligence and how it contributed to the birth injury suffered by the baby. In some states, a birth injury lawyer is required to consult with a medical expert to review the medical records to determine if there was reason to believe that medical professionals were negligent or that a medical error occurred.
It is important that the medical expert your Miami FL birth injury lawyer chooses is recognized as an expert and is qualified in the area of medicine that is being addressed in the lawsuit. The medical expert will carefully examine the actions of all doctors, nurses, midwives, and any other medical professionals who were involved with the mother’s and/or infant’s care and treatment. The expert will compare their actions with the actions of standard medical practices standards in the area of medicine in question (i.e. obstetrics, pediatrics, etc.)
The medical expert will prepare a report of his or her findings and provide this report to the birth injury lawyer. This report may play a significant role in how the attorney proceeds and presents the case.
Contact a Birth Injury Lawyer in Miami FL Today
If your baby suffered birth trauma and you suspect negligent medical care was the cause, contact a birth injury lawyer Miami FL families trust from Needle & Ellenberg, P.A. today. We will schedule a free case evaluation and determine what kind of financial compensation your family may be entitled to.