Florida Birth Injury Attorney
Call (954) 914-7116 Today
We know that having a child who has suffered a birth injury can not only
be heartbreaking, but it can completely change your entire family's
life permanently. It is important that you and your family is able to
cope financially, emotionally, and physically. We encourage you to speak
with our team about pursuing a claim.
Why choose our birth injury lawyer?
- No recovery, no fee!
- 25 years' experience and counting
- Tens of millions of dollars recovered
- Top-rated (AV® rated) legal skill and ethics
Trusted Counsel for 25 Years
Giving birth is one of the most beautiful and exhilarating experiences
a woman can go through in life. When you choose to go to a hospital to
give birth, you expect that the doctor, nurses, and any staff involved
will be responsible and operate under a high standard of care. But accidents
A few of the most common birth injury cases we handle include:
- Brain damage
- Cerebral palsy
- Brain swelling
- Nerve damage
- Skull fractures
If your baby has suffered injuries during labor or the course of your pregnancy,
the results can be devastating. Our team at David C. Rash, P.A. can aggressively
fight on your behalf and help you seek the compensation our family deserves.
We truly care about seeing that justice is served and that the medical
professionals who behaved negligently are held accountable.
What compensation am I owed?
You will likely be facing many years of medical expenses and a variety
of other costs associated with these types of injuries. Infants who suffered
birth injuries usually require long-term care and treatment, which can
be a huge burden for parents. You deserve to be compensated for all costs
associated with your child's birth injuries. We can help you fight
for compensation to cover lifetime medical bills, lost wages, pain and
suffering, and special accommodations your child may need in the future.
Malpractice in Birth Injury Cases
Despite the technological and medical advances we have made collectively
as a race over the course of hundreds and hundreds of years, birthing
is still a fairly dangerous process. Even the best doctors in the world
who always conduct themselves responsibly and safely may help a mother
deliver an infant that is born with injuries. For this reason, you will
need to prove not only that your newborn was hurt during or prior to birth,
but also that a medical practitioner’s negligence was the direct cause.
Proving that malpractice played a part in your child’s birth injury
is handled similarly to all other medical malpractice cases. You will
need to locate and use as much physical evidence as possible to strengthen
your claim. Consider using medical statements from the birth as well as
records pertaining to the doctor’s and medical team’s history
of mistakes. If someone was videotaping the birth, you may be able to
find documented evidence of when the malpractice and injury took place.
Forms of medical malpractice that may be in your case include:
Twisting and pulling: An inexperienced, exhausted, or hasty doctor may mishandle a child during
delivery, twisting and pulling it dangerous to make it exit the birth
canal. Any sort of violent or aggressive motions can permanently injure
Mishandling equipment: In some births, medical equipment is used to assist the mother. Proper
use of such equipment makes the process easier; improper use can cause
serious harm to the mother and her child.
Failure to diagnose: More difficult to prove through evidence, failing to diagnose a problem
with an unborn child’s health can cause them to be born with injuries
or illnesses. Obstetricians must closely monitor a mother and her child
up to the day of birth to avoid issues.
Dangerous medications: If a mother requires medication while she is pregnant or during childbirth,
it must be carefully administered to avoid negatively affecting her child.
Some birth injury cases involve lifelong disabilities caused by prescription
medications that should have never been approved.
Liability Concerns for Your Case
Determining who is liable in your birth injury claim may be more complicated
than it seems at first. While it could be obvious that a doctor’s
mistakes has made them liable, it may only be partial liability. Other
parties and entities may have had some responsibility for the error. If
you want your claim to be successful, you will need to consider all of
your options and bring the suit against the right party. You should trust
in our Florida birth injury attorney to sort through the details.
People or parties that could be found liable, fully or partially, include:
Doctors: The simplest, most likely candidate for liability is also most often the
correct one. A doctor who does not perform to the best of their abilities
each and every time they assist in childbirth can be held accountable
for any damage they cause the mother or her infant.
Nurses: Other medical professionals present during your child’s birth may
be found most-liable for any resulting birth injuries. If a nurse hands
the doctor the wrong tool or fails to monitor the mother for abnormalities,
the result could be an injury.
Hospitals: An entire hospital may be vicariously liable for a birth injury if they
failed to ensure that their employees are properly trained and use correct
procedures to assist birthing. Failing to provide doctors with adequate
facilities can also cause a hospital, which is technically a corporation,
to be liable.
Pharmaceutical companies: In relation to dangerous medications given to pregnant mothers, pharmaceutical
companies could be found liable for a birth injury if they have manufactured
dangerous substances without adequately warning pharmacists.
You Only Pay Us If We Win
Because we know that many of our clients are already experiencing financial
strains, we operate only on contingency fees. This means that we only
accept payment at the very end, and only if we are able to secure a monetary
recovery. Our services are risk-free.
call (954) 914-7116 to speak with our Miami medical malpractice attorney. Request your