When is a birth injury caused by medical malpractice?

Not all injuries to a newborn result from malpractice. Negative and even tragic outcomes can occur even when no party involved in the birth is to blame. However, all families affected by a birth injury should be able to explore their legal options. Our Tallahassee birth injury lawyers help families determine whether the injury to their child was the avoidable result of a negligent healthcare provider’s mistake. We analyze the medical records to evaluate whether the conduct of the care team involved in the birth aligns with the professional standard of care established by the medical community. If our review of the facts suggests that malpractice may have played a role in your situation, we can investigate further and work with medical experts to uncover the truth of how and why this injury occurred.

Who can you hold responsible for a birth injury?

Any healthcare provider or facility that may have played some role in causing the birth injury through any form of negligence could be liable for the harm your baby has suffered. Our Tallahassee birth injury lawyers have a long history of holding accountable defendants like the following: Obstetricians and gynecologists Anesthesiologists Midwives Nurses Nurse practitioners (NPs) Physician assistants (PAs) Medical technicians Aides and assistants Emergency medical teams Hospitals Birthing centers It’s important to identify all potential defendants in your case. One of the first steps your attorney will take is to analyze records to determine exactly which providers or facilities involved in your care may have been negligent.

How do you prove liability for a birth injury?

Proving liability for a birth injury requires extensive medical knowledge, a formal legal process, and the resources to bring on medical experts with the skills to judge the appropriateness of your healthcare provider’s actions. Proving liability for a birth injury, as for other types of medical malpractice claims, requires evidence that establishes the following elements: The provider’s actions or failures to act constituted a breach of the standard of care, or the level of care that a reasonably prudent provider would consider acceptable in similar circumstances This breach of the professional standard of care caused a serious injury or death The injury resulting from medical negligence led to significant damages It takes a combination of legal and medical knowledge to establish elements like a deviation from the standard of care and causation of birth injuries. To meet these demands, you should turn to seasoned Tallahassee birth injury lawyers who are highly experienced in collaborating with medical experts in obstetrics, midwifery, anesthesiology, neonatology, pediatric neurology, and other related areas.

What should parents do if their child has suffered a birth injury?

First of all, it’s essential that you prioritize your child’s medical needs. Don’t be afraid to question providers or even seek out a second opinion to ensure your child is receiving the best possible care now. Dealing with a birth injury, particularly when such complications are unexpected, can be incredibly difficult for a family. In the midst of all that you’re trying to manage and the grief you feel at what was supposed to be a joyous occasion going so very wrong, try to also ensure you and other family members are getting the needed support and care. As soon as possible, you should enlist the help of seasoned birth injury attorneys in Tallahassee, FL. We can help you protect your child’s legal rights and see if a path toward recovering financial compensation is available. Through our investigations and collaborations with medical experts, we can get to the bottom of what went wrong and hold the responsible parties accountable. We can secure compensation for your child’s extensive medical needs, including any future medical expenses relating to the birth injury. If the injury is likely to cause long-term or even lifelong impacts, we can also seek compensation for other damages, like your child’s pain and suffering and, if your child is expected to be unable to support themselves, the loss of their future earning potential. It costs nothing to have your case evaluated as part of a complimentary consultation or to move forward with a claim on a contingency basis. Families affected by birth injuries have options, including the potential for legal assistance at no upfront cost. All they need to do is contact an experienced attorney to get started.

Tallahassee Birth Injury Lawyers | Birth Injury Attorneys Tallahassee, FL

Brooks, LeBoeuf, Foster & Gwartney/

Tallahassee Birth Injury Lawyers

Birth Injury Attorneys in Tallahassee, F...
Birth Injury Claims in Tallahassee, FL
How Brooks, LeBoeuf, Foster & Gwartney, ...
Why Choose Brooks, LeBoeuf, Foster & Gwa...
Contact the Tallahassee Birth Injury Law...

Birth Injury Attorneys in Tallahassee, FL Advocating for Injured Infants in Leon County, Wakulla County, Jefferson County, Gadsden County, and Throughout Florida

Despite medical advances, birth isn’t without risk. Even when surrounded by licensed medical practitioners in hospitals with state-of-the-art medical technology, mothers and babies can suffer irreversible harm as a result of a single moment of negligence. Birth injuries are tragic events that can alter the course of a family’s life. When you’re searching for answers and a way forward for your family, our Tallahassee birth injury lawyers are here to help with qualified, compassionate legal support.

Brooks, LeBoeuf, Foster & Gwartney, P.A. has decades of experience representing the injured and holding doctors, hospitals, and other negligent parties accountable. Contact us today for help getting the compensation you deserve, starting with a free consultation.

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Birth Injury Claims in Tallahassee, FL

A birth injury can encompass any type of injury that occurs in the course of childbirth. The factors that cause or contribute to birth injuries may occur:

During pregnancy
During labor
During delivery
After delivery

While some birth injuries may be relatively minor and heal with minimal medical intervention or long-term effects, that isn’t always the case. A birth injury may leave a baby with lifelong limitations, shattering the hopes and dreams the parents had for their child. Instead of celebrating a joyful experience, families affected by birth injuries often worry about the future of their child’s prognosis and the cost of affording the extra care and treatment their child needs, potentially for a lifetime.

Why Hire Brooks, LeBoeuf, Foster & Gwartney, P.A.

Battle Tested Personal Injury Trial Attorneys
Extensive Knowledge of Florida’s Personal Injury Laws
Relentless Pursuit of Maximum Compensation
Outstanding Reputation & Client Reviews
A Proven Track Record of Successful Results

Causes of Birth Injuries

Legal claims arising out of birth injuries typically involve the negligence of one or more parties.

Not all birth defects or complications result from a provider’s negligence. It’s possible in some tragic cases for providers to take all the right actions and negative outcomes to still occur due to congenital defects, complications, and other issues. However, medical negligence during pregnancy and childbirth is not uncommon.

For the sake of their child, families affected by neonatal birth trauma should explore their legal rights and options by consulting experienced Tallahassee birth injury lawyers.

The negligence that can lead to a birth injury may take a variety of forms. Among the most common types of provider negligence our birth injury attorneys in Tallahassee, FL, encounter are:

Failure to properly monitor the mother during labor and delivery
Failure to properly monitor the baby during labor and delivery
Oxygen deprivation during labor and delivery
The use of excessive force during labor and delivery
Delaying or failing to perform necessary medical interventions, such as a Cesarean section (C-section)
Misinterpreting or failing to order indicated tests during pregnancy, labor, and delivery

Any medical negligence that occurs during pregnancy or the labor and delivery process could affect the health of the baby, potentially for a lifetime.

Types of Birth Injuries Resulting From Medical Malpractice

The Tallahassee birth injury lawyers at Brooks, LeBoeuf, Foster & Gwartney, P.A. represent injured children and their families facing all types of injuries arising out of a provider’s negligence, including:

Hypoxia: Brain damage resulting from a lack of oxygen reaching the brain
Facial paralysis: Paralysis of the facial nerves resulting from a cranial nerve injury
Cerebral palsy: Neurological disorders that affect movement, balance, and posture
Erb’s palsy: Paralysis of the arm resulting from an injury to the brachial plexus nerves in the arm
Brachial plexus injuries: Other types of injuries besides Erb’s palsy in which damage to the nerves connecting the arm and shoulder to the spinal cord results in weakness or numbness of the arm or hand
Shoulder dystocia: A condition that results from the baby’s shoulders getting stuck in the mother’s pelvis during delivery, potentially resulting in complications like clavicle fractures, hypoxic-ischemic encephalopathy, and brachial plexus injuries
Hyperbilirubinemia: Also known as jaundice, a condition that occurs when the baby’s blood contains a dangerous buildup of the substance bilirubin and could lead to life-threatening damage to the brain and spinal cord

Birth injuries can lead to harm that ranges from orthopedic damage and lacerations to injuries to the nerves and the brain. When these injuries have a significant impact on the life of the injured child and their family, a medical malpractice claim may offer financial relief for the losses your family has suffered.

How Brooks, LeBoeuf, Foster & Gwartney, P.A. Can Help

As experienced birth injury attorneys in Tallahassee, FL, our team turns to a proven approach for preparing our clients’ cases for success. You can count on us to:

Thoroughly review and evaluate the facts of your case during a complimentary initial consultation
Investigate the care provided and collaborate with medical experts to determine whether any healthcare provider deviated from the standard of care
Assist you with all aspects of a case, including filing paperwork and legal documents, adhering to deadlines and procedural requirements, and building your claim for success through strong evidence and compelling arguments
Represent you in all legal proceedings
Pursue a settlement or award of compensation on your behalf

With our extensive knowledge of medical malpractice issues and our focus on the specifics of birth injury cases, we’re prepared to help families get through this challenging time and push for an outcome that offers hope for the future.

Why Choose Brooks, LeBoeuf, Foster & Gwartney, P.A.?

For Tallahassee birth injury lawyers who are dedicated to fighting for Florida families, Brooks, LeBoeuf, Foster & Gwartney, P.A. is the clear choice of legal counsel. Parents all over the state turn to us to protect their injured child’s rights and secure their future by developing a well-supported claim for the full scope of damages they suffered.

Decades of Legal Experience

You need experienced representation for a complex legal matter such as a birth injury. Brooks, LeBoeuf, Foster & Gwartney, P.A. has served Florida patients and their families for more than 35 years. Our team has accumulated more than a century of combined legal experience and handled more than 10,000 cases with an unwavering commitment to our clients.

Free Consultations and Contingency Representation to Assist Families

Families coping with a birth injury have enough financial burdens without having to take on the cost of a legal claim. Our firm begins each case with a free initial consultation and case review. If you choose us to represent you and move your claim forward, you’ll pay nothing upfront for our legal services. Our contingency fee model means you will only ever owe for our legal services a portion of the monetary damages we succeed in getting for you.

Compassionate Service and Awareness of What’s at Stake

In a case involving a serious birth injury, your child’s entire future is at stake. Getting the compensation they’re entitled to allows your family to afford the best medical care, giving your child the best hope of reaching their full potential for recovery. Compensation for your lost wages that result from providing the extra care your child needs can help keep your family afloat, while compensation for your child’s loss of earning potential provides peace of mind for their future.

Having seen firsthand how extensively a birth injury can impact a family, our attorneys make every effort to recover a payout that addresses the full scope of your losses.

Contact the Tallahassee Birth Injury Lawyers Today at Brooks, LeBoeuf, Foster & Gwartney, P.A. for a Free Case Evaluation

It can feel isolating when your family is trying to make sense of an unexpected birth injury and its impact on your child’s future. You don’t have to face this ordeal alone. With professional guidance and dedicated legal support, it’s possible to obtain an outcome that provides for your family’s future.

For help from birth injury attorneys in Tallahassee, FL, contact Brooks, LeBoeuf, Foster & Gwartney, P.A. online or call us today.

Frequently Asked Questions About Birth Injury Claims in Tallahassee and Throughout Florida

Not all injuries to a newborn result from malpractice. Negative and even tragic outcomes can occur even when no party involved in the birth is to blame. However, all families affected by a birth injury should be able to explore their legal options.
Our Tallahassee birth injury lawyers help families determine whether the injury to their child was the avoidable result of a negligent healthcare provider’s mistake. We analyze the medical records to evaluate whether the conduct of the care team involved in the birth aligns with the professional standard of care established by the medical community. If our review of the facts suggests that malpractice may have played a role in your situation, we can investigate further and work with medical experts to uncover the truth of how and why this injury occurred.
Any healthcare provider or facility that may have played some role in causing the birth injury through any form of negligence could be liable for the harm your baby has suffered. Our Tallahassee birth injury lawyers have a long history of holding accountable defendants like the following:
Obstetricians and gynecologists
Anesthesiologists
Midwives
Nurses
Nurse practitioners (NPs)
Physician assistants (PAs)
Medical technicians
Aides and assistants
Emergency medical teams
Hospitals
Birthing centers
It’s important to identify all potential defendants in your case. One of the first steps your attorney will take is to analyze records to determine exactly which providers or facilities involved in your care may have been negligent.
Proving liability for a birth injury requires extensive medical knowledge, a formal legal process, and the resources to bring on medical experts with the skills to judge the appropriateness of your healthcare provider’s actions.
Proving liability for a birth injury, as for other types of medical malpractice claims, requires evidence that establishes the following elements:
The provider’s actions or failures to act constituted a breach of the standard of care, or the level of care that a reasonably prudent provider would consider acceptable in similar circumstances
This breach of the professional standard of care caused a serious injury or death
The injury resulting from medical negligence led to significant damages
It takes a combination of legal and medical knowledge to establish elements like a deviation from the standard of care and causation of birth injuries. To meet these demands, you should turn to seasoned Tallahassee birth injury lawyers who are highly experienced in collaborating with medical experts in obstetrics, midwifery, anesthesiology, neonatology, pediatric neurology, and other related areas.
First of all, it’s essential that you prioritize your child’s medical needs. Don’t be afraid to question providers or even seek out a second opinion to ensure your child is receiving the best possible care now.
Dealing with a birth injury, particularly when such complications are unexpected, can be incredibly difficult for a family. In the midst of all that you’re trying to manage and the grief you feel at what was supposed to be a joyous occasion going so very wrong, try to also ensure you and other family members are getting the needed support and care.
As soon as possible, you should enlist the help of seasoned birth injury attorneys in Tallahassee, FL. We can help you protect your child’s legal rights and see if a path toward recovering financial compensation is available. Through our investigations and collaborations with medical experts, we can get to the bottom of what went wrong and hold the responsible parties accountable. We can secure compensation for your child’s extensive medical needs, including any future medical expenses relating to the birth injury. If the injury is likely to cause long-term or even lifelong impacts, we can also seek compensation for other damages, like your child’s pain and suffering and, if your child is expected to be unable to support themselves, the loss of their future earning potential.
It costs nothing to have your case evaluated as part of a complimentary consultation or to move forward with a claim on a contingency basis. Families affected by birth injuries have options, including the potential for legal assistance at no upfront cost. All they need to do is contact an experienced attorney to get started.

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Policy limits settlement in a tractor trailer accident.

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