Compassionate Advocacy For Florida Birth Injury Claims
At Trentalange & Kelley, PA, we understand the heartache and distress that come with birth injuries. The birth of a child should be joyful, but when a medical error turns into a traumatic experience, families need support and guidance.
Our law firm, located in Tampa, Florida, extends its compassionate and aggressive legal services throughout St. Petersburg, Southeast Florida and the Panhandle. With over 65 years of combined experience, our birth injury attorneys seek justice for families affected by medical malpractice. We offer a comforting environment where you can discuss your case privately, knowing you have a team ready to fight for your rights.
Since our founding in 2000, we have built a reputation for obtaining high-value verdicts and settlements. We focus on medical malpractice cases involving catastrophic injuries and wrongful deaths. Our approach is a blend of compassion and professionalism. We build strong relationships with our clients, understanding the personal nature of their struggles. When you choose us as your birth injury attorneys, you are choosing a team that cares deeply about your family’s future and is relentless in pursuit of justice.
Understanding Birth Injury Errors
Birth injuries are, unfortunately, a common form of medical malpractice. They occur when medical professionals fail to provide adequate care during labor and delivery, leading to harm to the baby or mother. These injuries can result from medical negligence during birth, such as improper use of delivery tools or failure to respond to complications. Birth trauma can have lasting impacts on the child’s health and development, as well as on the family’s emotional and financial well-being. It is crucial to understand that these injuries are preventable and often arise from avoidable errors.
Common Birth Injuries Caused By Negligence
Birth injuries can manifest in various ways, often with serious consequences. Some common injuries include:
- Cerebral palsy: A certain disorder that affects a child’s muscles and movement. It is caused by oxygen deprivation during birth.
- Erb’s Palsy: Nerve damage affecting the arm and shoulder, frequently resulting from forceps delivery injury.
- Brain damage: Can occur due to prolonged labor or improper monitoring of fetal distress.
- Shoulder dystocia: Damage to an infant’s shoulder when their body gets stuck during delivery.
- Facial paralysis: The improper use of forceps can cause harm to facial nerves, leading to their paralysis.
- Fractures: Such as broken collarbones, often resulting from difficult deliveries.
Our birth injury attorneys have handled many varieties of birth injuries throughout their careers. We understand the complexities involved and are committed to helping families seek the compensation they deserve. Each case is unique, and we approach every situation with the care and attention it warrants, ensuring that no detail goes overlooked.
What Are The Causes Of Birth Injuries?
Birth injuries often stem from medical errors during labor and delivery. They can also be the result of physician, nurse or hospital negligence during prenatal care. Some of the most common causes of birth injuries include:
- Delayed C-sections: Failing to perform a timely C-section can lead to oxygen deprivation or other complications.
- Improper use of tools: Misuse of forceps or vacuum extractors can cause physical trauma to the baby.
- Failure to monitor: Not properly monitoring the baby’s heart rate or the mother’s condition can result in preventable injuries.
- Failure to treat: The absence of proper care can lead to worsened conditions or cause certain injuries.
- Medication errors: Incorrect administration of drugs can adversely affect both mother and child.
These errors highlight the importance of diligent care during childbirth. Medical professionals have a responsibility to act swiftly and competently. When they fail, the consequences can be severe. Our personal injury attorneys are skilled at identifying these failures and building strong cases to hold negligent parties accountable.
The Important Role Of An Attorney In Birth Injury Cases
Having a knowledgeable attorney is crucial in birth injury cases. Our attorneys are dedicated to navigating the complex legal landscape of medical malpractice. We gather evidence, consult with medical experts, and build compelling cases for our clients. Our goal is to ensure you receive the justice and compensation you deserve for the harm caused to your family. We are committed to standing by your side, and offering support and guidance throughout the legal process.
How Do I Know If My Child’s Birth Injury Was Caused By Medical Negligence?
Determining medical negligence requires a thorough investigation of the circumstances surrounding the birth. Our attorneys can help review medical records and consult with experts to establish whether negligence occurred.
Can I Sue For A Birth Injury?
Yes, if medical negligence is involved, you can pursue a birth injury claim. Our experienced birth injury attorneys can guide you through the legal process and help you seek compensation for your child’s injuries.
Types Of Damages Available In Birth Injury Claims
Birth injuries can prove incredibly expensive, especially if they require lifelong treatment. Victims of birth injuries may be entitled to various types of damages, including:
- Medical expenses: Covering current and future medical bills related to the injury.
- Pain and suffering: Compensation for the emotional and physical distress caused by the injury.
- Loss of future earnings: Acknowledging the potential impact on the child’s ability to earn a living.
- Rehabilitation costs: Covering therapies and assistive devices needed for recovery.
Our team will work diligently to assess the full extent of your damages and fight for the compensation you deserve. We understand the financial burden that birth injuries can place on families and are committed to helping you secure the resources needed for your child’s care.
Common Questions About Florida Birth Injury Claims
A birth injury can leave parents with many questions about what happened and what they can do next. These answers cover common questions about filing deadlines, NICA, evidence and who may be responsible.
How Long Do Parents Have To File A Birth Injury Lawsuit In Florida?
In general, parents must file a medical malpractice claim within two years of discovering the injury. A four-year limit may also apply. For a claim involving a minor, the deadline may extend until the child turns eight. However, parents must still file within two years of discovering the injury.
What Is Florida NICA And Does It Prevent Me From Filing A Birth Injury Lawsuit?
Florida’s Birth-Related Neurological Injury Compensation Association, or NICA, provides benefits for certain qualifying birth-related neurological injuries. If a child’s injury qualifies under NICA and the participating health care providers gave the required notice, NICA operates as the exclusive remedy. It completely bars a civil medical malpractice lawsuit against those participating providers.
Can I Still File A Birth Injury Claim If My Child’s Symptoms Did Not Appear Right Away?
Yes. Some birth injuries may not cause clear symptoms immediately after delivery. Parents may notice developmental or physical problems later as their child grows. A doctor can evaluate your child’s symptoms and medical history to help determine whether the injury may relate to pregnancy, labor or delivery.
What Evidence Is Needed To Prove A Doctor Or Hospital Was Negligent During Delivery?
Medical records, fetal monitoring strips, test results and other records can help show what happened during labor and delivery. Medical experts can review those records and explain whether the doctor or hospital followed the expected standard of care.
Who Can Be Held Liable For A Birth Injury In A Florida Hospital?
Depending on what happened, a claim may involve a doctor, nurse, hospital or another healthcare provider. An attorney can review the medical records and other evidence to determine who may have caused or contributed to the injury.
If you suspect medical negligence caused your child’s birth injury, getting answers early can help you understand your options. A review of the medical records can help show what happened and whether you may have a legal claim.
Get Help From A Caring Birth Injury Attorney For Free
Ready to take action? Contact Trentalange & Kelley, PA, to discuss how we can assist you with your birth injury claim. Schedule a free consultation by calling 813-226-1080 or by using our online contact form. Our compassionate attorneys are ready to provide dedicated support for you and your family.