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Birth Injury Claims

Speak with a Pensacola Birth Injury Lawyer about Filing a Claim for Harm to Your Child

Learning that your child has suffered a birth injury due to medical malpractice can be devastating. Even if your child may eventually be able to recover, knowing that your child will suffer unnecessarily is something that no parent should ever be forced to endure. Despite their tragic consequences, birth injuries resulting from mistakes during pregnancy, labor and delivery are frighteningly common – and a Pensacola birth injury lawyer knows the statistics all too well.

What are your family’s legal rights if your child has been diagnosed with a birth injury? In Florida, if your child’s injury is the result of your doctor’s failure to uphold his or her professional duty of care, you are entitled to financial compensation for medical malpractice. The same is true if your child’s injury is a result of the negligence of a physician assistant, midwife, nurse, administrative staff member or any other employee of your healthcare provider. Health care providers buy insurance to cover medical malpractice claims; and, if your child’s injury is the result of malpractice, your family deserves to be fully and fairly compensated for the immediate and long-term effects of your provider’s mistake.

We Handle Cases Involving All Types of Birth Injuries in Florida

At Searcy Denney, we represent Florida families in cases involving all types of birth injuries resulting from medical malpractice. We have been handling birth injury cases for more than 40 years, and we are passionate about helping families recover from their health care providers’ mistakes. Our Pensacola birth injury lawyers are experienced in representing families in cases involving all types of malpractice-related birth injuries, including:

  • Brachial plexus injuries
  • Cerebral palsy
  • Erb’s palsy
  • Facial paralysis
  • Hypoxia
  • Klumpke’s paralysis
  • Oxygen asphyxia
  • Shoulder dystocia
  • Wrongful birth

Common Warning Signs and Examples of Birth Injuries During Pregnancy, Labor and Delivery

In order to prove a claim for medical malpractice, it is necessary to show that the care you or your child received fell below generally-accepted medical standards. This can mean different things under different circumstances; but, regardless of how or when your child was injured, if you have any reason to suspect that a mistake may be to blame, we strongly encourage you to speak with one of our attorneys. In fact, even if you don’t know whether to suspect malpractice, we encourage you to get in touch. Our attorneys can thoroughly assess the facts of your case to determine if your family may be entitled to financial compensation for malpractice such as:

  • Inadequate prenatal care
  • Untreated gestational diabetes
  • Untreated preeclampsia
  • Uterine prolapse
  • Nerve damage
  • Failure to recommend a C-section
  • Failure to recognize fetal distress
  • Pulling on an infant’s shoulders 
  • Inadequate care during labor and delivery

Pensacola Birth Injury Lawyer for Cerebral Palsy 

Cerebral palsy can occur due to a genetic defect, but it can also be caused by medical malpractice. If your child has been diagnosed with cerebral palsy, it may have resulted from the doctor’s or the hospital’s failure to provide adequate care during the birthing process. In particular, cerebral palsy can result from the following: 

  • Physical trauma. Forceps and vacuum extractors may be used during a difficult delivery. But when such medical devices are misused, the resulting physical trauma to the baby’s head can cause cerebral palsy. 
  • Lack of oxygen. Cerebral palsy can be caused when the baby cannot get sufficient oxygen. This can happen for several reasons, but failing to adequately monitor the baby’s oxygen levels before, during, and after delivery may be considered malpractice. Furthermore, failing to respond appropriately to low oxygen levels by performing an emergency cesarean section or take other steps can also be considered medical malpractice. 
  • Poor prenatal care. Cerebral palsy can also be caused by inadequate prenatal care. Failing to diagnose potential complications, treat infections, or adequately prepare for a difficult delivery can all be considered medical malpractice. 

Cerebral palsy cases are complex. If you have been advised that your child has cerebral palsy, an experienced Pensacola birth injury attorney can review your case and determine whether you have a claim for medical malpractice. 

Erb’s Palsy from Excessive Force

Erb’s palsy is caused by the use of excessive force during the birthing process. It is manifested as a paralysis of the baby’s hand or arm and is caused by damage to the group of nerves in the upper arm. If your baby has been diagnosed with Erb’s palsy, it may have been caused by medical malpractice and a Pensacola birth injury lawyer can help.

Birth Asphyxia From Doctor Monitoring Negligence

Birth asphyxia occurs whenever the baby is deprived of oxygen shortly before or during birth. While it can lead to cerebral palsy, it can also result in brain damage. Birth asphyxia can be caused by a variety of issues, including the following: 

  • Maternal bleeding
  • Abnormal birth presentation such as a breech birth
  • Umbilical cord issues
  • Anemia
  • Large infant
  • Issues with the baby’s airways being blocked or underdeveloped
  • Abnormal blood pressure for the mother or the infant

These causes are naturally occurring. However, they require the doctor to vigilantly monitor both the mother and the baby’s vital signs. If they fail to do so or do not take the appropriate measures, the baby could suffer brain damage due to their negligence. If you think your child has suffered brain damage during birth, you should speak with a Pensacola birth injury lawyer as soon as possible. 

A Pensacola Birth Injury Lawyer Also Represents Clients with Facial Paralysis from Improper Use of Birthing Devices and Forceps

When there is too much pressure on the baby’s face during delivery, it can result in mild to severe facial nerve damage. In turn, this can result in facial paralysis. It’s often caused by the improper use of birthing devices such as forceps or the use of too much force by the doctor during birth. 

High Risk Pregnancies and In-Vitro Complications

Good prenatal care can drastically change the outcome of childbirth for both the mother and the child. Your obstetrician is supposed to monitor your health and the health of your baby throughout your pregnancy and take appropriate action in response to risks.

Obstetricians can often significantly reduce the chances of injury by delivering by caesarean section or taking other important precautions in these high-risk situations:

  • The baby is larger than normal
  • The baby’s head is not pointing toward the birth canal
  • The shape or size of the mother’s pelvis makes vaginal delivery difficult
  • The mother is overweight
  • The mother has gestational diabetes
  • The baby is premature
  • The fetus has a treatable infection

Mistakes Made During Delivery

Despite a healthy pregnancy, your obstetric team can cause severe injuries to your baby during his or her birth, including:

  • Tugging on the baby’s shoulder or head or causing the arm to become entrapped in the birth canal, and thus injuring the brachial plexus
  • Not taking emergency steps during a dangerously prolonged labor, which can lead to oxygen deprivation and other complications
  • Using forceps, vacuum extractor or other inappropriate tools that can cause brain, nerve and soft tissue damage
  • Not responding appropriately to signs of fetal distress

Speak With a Pensacola Birth Injury Lawyer in Confidence

At Searcy Denney, we are committed to helping families recover just compensation for birth injuries resulting from medical malpractice. To discuss your case with an experienced Pensacola birth injury lawyer in confidence, call 800-780-8607 or request a free initial consultation online now. 

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Posted By: Clinton Cimring