Wrongful Birth Lawyer Orlando, FL
A wrongful birth can occur whenever, over the course of a pregnancy, a medical professional fails to inform the mother of possible birth complications that result in a death or disability. In general, this means that at least one medical professional failed to perform or interpret testing, or withheld information regarding the baby’s wellbeing. Because of this, the parents were kept from making an informed decision about how to proceed with the pregnancy. When a situation like this arises, an Orlando, FL wrongful birth lawyer should be sought.
At Needle & Ellenberg, P.A., we have handled wrongful birth cases of all different complexities. Unlike deaths or disabilities that are a result of the labor or delivery process, wrongful births are related to congenital or genetic factors that were not diagnosed or reported while the child was developing in the womb. Depending on the state, parents of a child who was born with a disability that should have been diagnosed, may be able to pursue compensation.
As a wrongful birth lawyer in Orlando, FL might explain to you, these claims focus on the fact that a medical professional did not properly test, diagnose, or warn of a genetic or congenital disease. Compensation for this type of claim may be available to cover the costs of medical care, therapy, rehabilitation, surgery, lost wages, and more.
When a Wrongful Birth May Apply to a Situation
Birth injuries such as Erb’s Palsy, are not the same as a birth defect, such as Spina Bifida. Birth injuries typically occur from a complication that arises during the labor and delivery process. Whereas, birth defects are usually the result of a predisposing factor or genetics. It must be understood that a wrongful birth case is associated with the latter. That being said, if your child suffered a birth injury, a lawyer from Needle & Ellenberg, P.A., would like to talk with you. Both situations may warrant the ability to file a claim; therefore, talking with a wrongful birth lawyer Orlando, FL has to offer is recommended.
Birth Defects Related to a Wrongful Birth
- Down Syndrome
- Cystic Fibrosis
- Spina Bifida
Genetic Screening Tests
There are various tests that can detect the above conditions, and others, in the early stages of pregnancy. The two most common tests include genetic screening tests and genetic diagnostic tests. In general, the tests should be ordered when at least one of the following applies:
- The mother is over the age of 40
- The mother is considered to be high risk
- The mother or father carries a gene associated with a condition
- The ultrasound has raised questions about the fetus
In addition to the above, a doctor should discuss with a pregnant woman the possible risk of medical conditions that the child could develop in the womb. Any woman has the right to have this testing performed.If a doctor fails to talk about this in advance, or does not consider both parent’s genetic histories, and a child is born with a defect, a wrongful birth lawyer in Orlando, FL should be consulted for advice.
For a consultation with a wrongful birth lawyer in Orlando, Florida, call Needle & Ellenberg, P.A.
Needle & Ellenberg, P.A. Answers Your Commonly Asked Questions
Can I Sue if My Baby Was Harmed by Forceps During Birth?
If your baby was delivered with the aid of forceps, it’s known that not every birth goes according to plan, as a wrongful birth lawyer in Orlando, Florida from Needle & Ellenberg, P.A. can explain. Sometimes, intervention is necessary. Unfortunately, other times intervention is not necessary but is utilized anyway. In either scenario, it is possible that mama and/or baby could suffer as a result of a traumatic birth experience. Sometimes birth injuries occur despite the best possible medical care. And other times, medical negligence and/or recklessness may contribute to the development of birth injuries. It can be very difficult to tell at first glance whether medical negligence has contributed to any given injury, given that most new parents are not physicians themselves and are therefore not well-versed in current best practices for physicians, nurses, and other medical personnel.
If your baby was injured during a forceps delivery, please consider connecting with a wrongful birth lawyer in Orlando, FL today. Once we better understand the circumstances surrounding your baby’s birth, we will be able to help you better understand what happened to your child and will be able to advise you of any legal options currently available to you. If you ultimately have grounds to file a legal claim against your hospital, physician or others responsible for the harm your baby has suffered and you opt to file such a claim, an Orlando, FL wrongful birth lawyer from Needle & Ellenberg, P.A. can provide you with legal guidance and support as you navigate that process.
Why would overwhelmed new parents take time to learn about their legal rights? Filing a successful legal claim in the wake of injury may result in two primary outcomes. First, making this effort helps to ensure that no other babies suffer similarly in the future. Second, successful legal claims tend to result in both economic and noneconomic financial awards that help parents cover expenses like medical bills. Filing a legal claim is an investment worth considering, if your child has been harmed during the birth process.
Birth Injury Guidance Is Available
If your baby was recently injured during a delivery that was impacted by the use of forceps, please consider scheduling a consultation with a wrongful birth lawyer in Orlando, FL at your earliest possible convenience. As you are a new parent, you are likely overwhelmed with the demands of caring for your infant and getting to know your baby. Please understand that consulting with our firm will not take up a great deal of time or energy. We know how precious these first days, weeks and months are with your baby, so we will work hard to respect your time and efforts. But we also know that failing to act now may cause your family to lose access to any financial restitution you may be entitled to.
Please consider contacting a wrongful birth lawyer in Orlando, FL from Needle & Ellenberg, P.A. today. Once we learn about your baby’s birth and your family’s situation, we will be able to advise you of your legal options. You will then be able to make whatever informed decision is best for you, your child and your family. We take pride in helping families through challenging legal situations and we look forward to speaking with you and yours.