Birth Injury Lawyer Fort Lauderdale FL
USING FORCEPS TO ASSIST DELIVERIES INCREASE RISKS OF BIRTH INJURIES Unfortunately, one to two infants out of every 1,000 live births in the United States could suffer a birth injury that may have parents reaching out to a birth injury lawyer Fort Lauderdale FL residents are proud to have to serve the community. One of the causes of birth injuries are deliveries assisted by the use of vacuum units or forceps.
WHAT’S AT RISK?
A doctor may decide to use a vacuum or forceps to assist with a difficult delivery. The doctor needs help pulling the baby out, and may not be able to get a good hold on the baby without these tools. If forceps are used properly and carefully, they are mostly safe and shouldn’t cause any problems. However, if excess force is used to deliver the baby with forceps, birth injuries can occur. Injuries that would warrant a call to a birth injury lawyer in Fort Lauderdale FL include:
- Spinal cord injuries
- Shoulder dystocia
- Brain damage
- Cerebral Palsy
- Erb’s Palsy
- Brachial Plexus injuries
If your baby experienced any of these conditions at or after birth, you should call a trusted birth injury lawyer Fort Lauderdale FL residents count on.
A Fort Lauderdale birth injury lawyer from Needle & Ellenberg will offer your family compassionate and informed representation during this difficult time. Our firm’s members understand that the loss of a child is every parent’s worst nightmare and that the grief is unimaginable. Our attorneys make every effort to reduce the emotional strain of a grieving family by handling all of the legal issues involved in getting justice. Nothing can make up for the loss of a child, but compensation from the negligent party can cover medical expenses and other related financial losses. A birth injury lawyer Fort Lauderdale FL families turn to from our firm can help make sure that you don’t have to pay for expenses related to the loss of your child.
A birth injury lawyer Fort Lauderdale FL community members respect can tell you that it’s a sad fact: medical malpractice is not unheard of when it comes to the birth of a child. When it results in a serious injury or death, the doctor or other medical provider who is responsible should be held accountable. If your child experienced a spinal cord or cranial injury, a birth injury lawyer Fort Lauderdale FL fathers and mothers rely on from Needle & Ellenberg can file a claim on your behalf. With a strong case, our firm can recover the financial damages necessary to provide your baby with the best possible medical care.
In today’s world, it’s difficult to understand how the delivery of a baby can go wrong. Not only is it possible, but all too often it results in permanent injury or even death. There are many reasons for this, including malfunctioning delivery room equipment, inadequate training, or even hospital policy. When you work with a birth injury lawyer in Fort Lauderdale FL, discovering what went wrong will be a top priority. Your attorney from Needle & Ellenberg will also determine who was at fault and should be held accountable.
HYPOXIC ISCHEMIC ENCEPHALOPATHY
If your child suffered from a lack of oxygen to their brain during the delivery, they may be diagnosed with this type of brain injury. It can occur in several ways, one of the most common is when the umbilical cord wraps around the baby’s neck. One reason why families choose Needle & Ellenberg for a birth injury lawyer Fort Lauderdale FL trusts is because in cases like these, we work closely with medical experts in building a solid case. Expert testimony can help the court understand what happened and how the physician should have prevented the tragedy from occurring.
BRACHIAL PLEXUS PALSY
When the nerves near the clavicle, otherwise known as the brachial plexus, are damaged during the birth process, the baby may sustain injuries in their control movements. This can result in them experiencing the loss or reduction of movement in their shoulder, hand, arm, or fingers. A birth injury lawyer Fort Lauderdale FL locals recommend from our firm can call on medical experts to form an independent opinion as to who is responsible for causing the condition to develop. The at-fault party should be responsible for paying damages.
A birth injury lawyer in Fort Lauderdale, Florida, can help you get the compensation you deserve if you or your child experienced injury during childbirth. Giving birth should be one of the happiest moments of your life, and despite the challenges, pain, and potential complications, you should be able to cherish a healthy and happy baby after your skilled and experienced healthcare provider helps you with delivery. The right medical staff and the proper equipment is essential for a smooth delivery, especially if there are complications. Some complications require the use of specialized tools – and you should be able to count on your healthcare provider to use these tools properly.
THE RISKS OF FORCEPS DELIVERY
Sometimes, your baby needs a little extra help. In certain cases, your healthcare provider may resort to using forceps to deliver your child. Forceps are a specialized tool, somewhat similar to salad tongs but specialized for an infant’s head. When used properly, forceps fit around the baby’s head, and are used to pull the baby if the mother is unable to push enough. The doctor should be pulling on the forceps in time with the mother’s contractions. Forceps are oftentimes necessary and used frequently to assist in cases in which a mother can’t push a baby all the way out, especially if the baby’s health depends on a fast delivery. Forceps deliveries are nothing new. However, like all other medical procedures, a forceps delivery requires communication, preparation, and competence to go smoothly. This means having a medical professional on hand that has plenty of experience with forceps deliveries, and a medical team that communicates when forceps are needed. If your healthcare professional is improperly trained, your baby may sustain injuries during birth. This can include superficial scratches and minor facial injuries, but improper use of forceps can also result in eye damage, skull fractures, and even seizures. Childbirth requires the most care possible, and the results of an improperly trained or prepared medical staff can be life-threatening. While nothing can fully make up for injuring your child, a birth injury lawyer in Fort Lauderdale can help you secure compensation.
CONTACTING A BIRTH INJURY LAWYER FOR FORCEPS INJURIES
While forceps deliveries are common, all stakes are high during childbirth. It’s important to have qualified medical staff on hand that you know you can trust. The right doctors and nurses and specialists can ensure your child is not harmed, and you need to be able to trust these healthcare providers completely. If you or your child have experienced birth injuries – due to forceps or otherwise – you may feel betrayed and completely let down by the medical community. And more importantly, your child may suffer lifelong effects from your healthcare provider’s medical incompetence. Delivery is a complicated process, but harming your child is unforgivable. While forceps deliveries are commonplace, there is always the slight chance that your medical specialists are unprepared or unaware of the injuries your child may experience during childbirth. If you or your child were harmed during delivery, you shouldn’t have to suffer. Reach out to a qualified birth injury lawyer in Fort Lauderdale, FL, and see how Needle & Ellenberg, P.A. can help you get the compensation and justice you deserve.
CAN BIRTH INJURIES BE PREVENTED?
Birth injuries can be prevented, especially those caused by the use of forceps or vacuums. If the doctor knows it’s going to be a difficult birth, or if a normal birth turns difficult, he or she can elect to do a C-section to safely remove the baby. If the mother doesn’t want a C-section unless there is no other option, she should be informed of the risks associated with forceps and vacuums, and the doctor using the tools should have been properly trained to reduce the risk of injury. If forceps are used and your baby suffers a birth injury, it’s not your fault. You should get help from a birth injury lawyer Fort Lauderdale FL parents have hired for years to lessen the stress of what comes next with seeking legal actions against the doctor.
WHAT LEGAL ACTION CAN YOU TAKE?
A great option you have is contacting a birth injury lawyer Fort Lauderdale FL residents trust as soon as possible. If the birth injury was caused by a doctor, you may work with your lawyer to file a medical malpractice case. You may be awarded compensation to help pay for medical bills, rehabilitation services, and extra care for your child. Your Fort Lauderdale FL birth injury lawyer may also be able to ask for loss of enjoyment of life compensation for your child if they are permanently disabled. An experienced lawyer may know exactly what you may be eligible for, and how to file your claim. If your baby was injured at birth due to forceps or any other mistake made by the doctor, you aren’t alone. Call Needle & Ellenberg today to consult a birth injury lawyer Fort Lauderdale FL residents are happy to work with at 877-810-2864.
CAN I SUE IF MY DOCTOR WITHHELD INFORMATION ABOUT MY BABY’S BIRTH INJURY?
There are few situations in life more stressful than learning that your child has been injured in a significant way. This reality is often particularly stressful for brand new parents, who are often understandably at a loss as to how to best help their newborn babies who have been injured during the birth process. Unfortunately, a great deal of misinformation and missing information tends to exacerbate the overwhelmed feelings that many parents experience as they navigate the aftermath of their babies’ birth injuries. However, it is important to understand that you have a right to information about how your child’s injury occurred. If you do not feel that your physician and/or medical facility is being forthright, please consider contacting a Fort Lauderdale, FL birth injury lawyer about obtaining the access you are entitled to under the law.
WITHHOLDING INFORMATION ABOUT BIRTH INJURIES
One of the reasons why it is so important to speak with a Fort Lauderdale, FL birth injury lawyer if you believe misinformation or missing information may be playing a role in your child’s situation is that if your care team failed to disclose important information about your child’s circumstances, you may be able to file a malpractice claim related to that behavior. Sometimes information is withheld unintentionally, but sometimes critical medical information is withheld so that medical providers may reduce their risk of being held accountable for missteps. If your child was injured during the birth process and not all relevant information related to that situation was immediately disclosed, your care team may be trying to cover their tracks. Speaking with an experienced Fort Lauderdale, FL birth injury lawyer will help to bring clarity to your family’s situation. Depending on the circumstances leading up to your child’s injury, you may be able to file a claim related to your provider’s negligent care in addition to his or her failure to disclose information about the situation in question. When you schedule a consultation with a Fort Lauderdale, FL birth injury lawyer, make sure to provide as much detail about your child’s circumstances as you can. It may take time to shed light on everything that went wrong on the date of your child’s injury, but an experienced attorney will be able to work hard to get to the bottom of the situation.
Is it Ever Okay to Withhold Information About a Birth Injury?
Because birth injuries are not always readily apparent, parents may not know what to look for. This means that parents rely heavily on the doctor to tell them when their child is born with the birth injury, and to usually inform them that there will be a birth injury or that a birth injury was caused during delivery. Injuries such as a paralyzed arm or shoulder due to forceps injuring the child and delivery may not show until the child is older. If the child has a brain injury it may not show and will slow down the development of the child in the coming weeks or months. Because of the subtlety to these injuries some parents are to be blindsided and shocked, and that might have you wondering if it is okay for a physician to withhold any information that they know about a birth injury.
It’s very upsetting that medical providers do not tell parents the child has a birth injury dispelled knowing about it. And you might wonder why they would hide such important information. Some parents will not tell a pregnant mother that her unborn child will most likely have a birth injury out of fear she might abort the pregnancy. This is a controversial decision and has stirred up many arguments and emotions in recent years. Some states have even been working on legislation that makes it illegal for medical providers to withhold information just for this reason following the antiabortion movement. However the more likely case of a doctor not telling their patient about a birth injury is that the physician wants to shield themselves from the responsibility and liability for said injury.
They might panic after discovering they have caused the child harm through their negligence, which sadly negligence can come in many forms when dealing with infants. One such form is giving medication or oxygen to a child and failing to monitor their oxygen levels. Too much oxygen or too little is dangerous. Rather than admitting that the health condition exists and letting the parents decide how to care for their child and whether or not they want to file a medical malpractice claim, they say nothing and hope the problem will not be traced back to the situation at hand. This puts the doctor in the wrong and is often seen as committing medical negligence.
Once you discover that your child has a birth injury, reach out to a birth injury lawyer to find out when it occurred. Your lawyer is going to have access to medical records both yours and the child and they are going to be able to determine when the injury might’ve been because depending on the type of injury. Getting the doctor to admit they withheld information of a birth injury from you is going to be a challenge and you may need to threaten to take the court. Your lawyer is going to be your guide and they are going to help you get through this.
LEGAL GUIDANCE IS AVAILABLE
If your infant was injured during the birth process, please consider scheduling a consultation with the team at Needle & Ellenberg, P.A. today. Our experienced attorneys will help to ensure that you receive access to any relevant information about your child’s injury and will guide you through any legal options that may be available to you. It is important to understand that speaking with a Fort Lauderdale, Florida birth injury lawyer does not obligate you to take legal action against your physician or the facility where your child was born. A consultation simply allows you to have your questions answered and to ensure that your decisions are informed moving forward. However, should you decide to file a birth injury claim, our firm will be happy to provide you with guidance and support as you navigate that process as well.
Common Myths About Birth Injuries
The birth of a child is one of the happiest moments of a parent’s life. However, the event can turn into a nightmare if the infant was injured during the labor and delivery process. Here are some common birth injury myths you should know about.
- If my doctor told me he or she didn’t cause the birth injury, this is the truth. Unfortunately, many doctors are not quick to assume responsibility for causing birth injuries. If your doctor tries to reassure you that he or she didn’t cause your child’s injury, don’t be so quick to believe it. Even if a doctor has many years of experience and highly specialized training, he or she is still capable of making errors.
- My child’s injury is too minor to file a lawsuit. Some birth injuries might not seem that severe in the beginning, so parents might not think they can justify a lawsuit. However, even a seemingly minor injury can result in high medical bills and affect a child for years to come. It’s important to discuss your legal options with a birth injury lawyer in Fort Lauderdale, FL as soon as possible.
- Birth injuries are the same as birth defects. Birth injuries and birth defects are frequently used interchangeably. However, they are very different from one another. Birth defects are genetic abnormalities that typically can’t be prevented while birth injuries often result from negligence. Common causes of birth injuries include failure to detect maternal infections, lack of oxygen to the baby’s brain and careless use of forceps.
- The doctor couldn’t have done anything different. It is true that labor and delivery always come with risks. However, mistakes during the labor and delivery process can typically be avoided if the doctor and other medical staff use extra caution. Don’t avoid seeking legal action because you assume the doctor could not have done anything differently.
- Birth injuries are impossible to prove. Some parents are reluctant to take legal action because they assume medical negligence is impossible to prove. Although birth injury cases are not easy to prove, they aren’t impossible either. It is important to have a qualified birth injury lawyer on your side who can help you gather necessary evidence and locate key witnesses. He or she will also know how to negotiate with insurance companies.
A birth injury lawyer in Fort Lauderdale, Florida can help you if you and your baby have suffered injuries at the hands of untrained, unprepared, or incompetent medical staff. Childbirth is an extremely delicate process, and it requires only the best medical professionals in the delivery room. Anything short of this requirement, and you and your infant could face a lifetime of health problems. Hypoxic-ischemic encephalopathy (HIE) is rare: It only affects about 1.5 out of every 1,000 babies. However, HIE has the potential to cause lifelong medical issues for your child. In extreme cases, it can even lead to death. There are many different factors that can contribute to the development of HIE, and in some cases it can be traced back to medical malpractice. Read on to learn more about HIE and how a birth injury lawyer can help you and your child get the compensation you deserve.
What Causes HIE?
Hypoxic-ischemic encephalopathy is a form of brain damage that occurs during delivery of a baby. It’s caused by a lack of oxygen to the brain, which at such an early stage of a child’s life can cause permanent damage. It can be difficult to pinpoint the exact reason for HIE, and every case is different. In some instances, HIE can be caused by maternal weight. Multiple pregnancies (twins or triplets) are also more at risk of HIE, and a history of premature births may indicate additional risk of HIE as well. High risk pregnancies (when there are other medical conditions present at the time of pregnancy, such as obesity or certain lifestyle choices like smoking or drinking) can also cause HIE. Last but not least, some cases of HIE are caused by medical practitioners who fail to keep track of the health of an infant during labor and delivery.
Adequately-trained medical professionals should understand that HIE is avoidable if they detect it ahead of time. If your child is born and presents a low APGAR score (appearance, pulse, grimace, activity, respiratory effort) your doctors should immediately take preventative measures to save your child from a life affected by HIE. This may involve MRIs and CAT scans to detect HIE, as well as a specialized treatment that lowers your baby’s temperature as proper oxygen flow is restored. When you put your trust in your medical staff, you expect them to competently deliver your child and provide the best care possible. However, if they betray that trust, you should contact a birth injury lawyer in Fort Lauderdale, FL to get closure, justice, and a better future for you and your child.
Contacting a Lawyer for HIE
Without proper detection and medical care, a child with HIE can have lifelong health difficulties. It’s important for doctors to be vigilant and prepared for the worst, and if they fail to live up to the trust you place in their skills, you and your child shouldn’t foot the bill. If your child has suffered HIE because of unprepared or incompetent medical staff, you deserve answers – and justice. Reach out to a birth injury lawyer Fort Lauderdale, FL trusts, and see how Needle & Ellenberg, P.A. can help you and your child rebuild your future.
A birth injury lawyer Fort Lauderdale, FL families depend on is critical for those pursuing legal recourse after medical malpractice. Victims will want to put their best foot forward when seeking damages for losses. Birth injuries are devastating for families, as the life they envisioned during pregnancy likely didn’t come to fruition. There are several ways that a birth injury might occur, and a newborn will likely require further medical care. If a baby has been injured, there are several signs parents should look for to ensure proper care is administered. Should a birth injury result from medical negligence, parents should take several initial steps. Still, one of the most important is to gain access to the vast resources available from The Law Offices of Needle and Ellenberg, P.A.
Common Types of Birth Injuries
Medical malpractice happens when a medical professional fails to uphold the medical standard of care. The medical standard of care is a medical professional’s duty to administer the same level of care that any professional in the same field would provide. When this doesn’t happen, birth injuries can result. Victims and families may be left to contend with significant damages that could leave a lifelong impact. Fort Lauderdale, Florida birth injury lawyers have represented cases involving several types of common birth injuries babies may experience from malpractice, including:
- Brachial Plexus
- Bone Fractures
- Spinal Cord Injuries
- Swelling of the Scalp
- Cerebral Palsy
- Brain Damage
There’s an endless list of ways a newborn can sustain injuries from medical negligence. In addition to this, mothers can also experience injuries when they do not receive proper treatment.
Signs that Your Baby is Injured
Sometimes, injuries may not be evident at first, and it may appear as though everything is fine. In other situations, complications may seem apparent, but injuries’ severity may not be evident. As a result, lack of treatment can only make matters worse. Parents should make every effort to recognize signs that there is a problem. Common things that may indicate a newborn has been injured include:
- Difficulty sucking, swallowing, or eating
- Low levels of oxygen
- Stiff muscles
- Poor muscle tone
- A lack of reflexes
- High pitched cries
- Arching of the back when crying
- Overly irritable
Parents who notice something may be wrong should trust their intuition and advocate for their baby’s needs. For many, it’s only natural to put faith in the medical professionals administering treatment, which is why issues can go untreated.
What are common injuries that happen to mothers during labor and/or delivery?
There are procedures and processes in place that all medical personnel should follow before, during, and after delivery to ensure that both mother and baby are safe. But these precautions are not always adhered to and the result can be a serious injury to the mother. Some of these preventable injuries include:
- Failed cesarean surgery
- Hemorrhaging or heavy uterine bleeding
- Incorrect suturing
- Nerve damage
- Pre-eclampsia and eclampsia
- Rupture of the uterus
- Vaginal fissures, lacerations, and tears
What are the long-term consequences of these types of preventable injuries?
A Fort Lauderdale FL birth injury lawyer knows that many of these injuries can have long-term, if not a lifetime, effects on a woman’s life. Hemorrhaging after delivery can cause a woman’s blood pressure to drop. If that drop goes unnoticed, the mother can suffer a heart attack or stroke, leaving her with permanent possible permanent brain damage or even death.
Uterine injuries can have devastating consequences, leaving a woman without bladder control and painful sex. These injuries often have a significant impact on a woman’s life – affecting her relationship with her partner, her self-esteem, and overall quality of life.
Initial Steps to Take
If your baby was injured or worse, medical negligence might have been present. The first step towards moving forward will be to speak with a lawyer who has experience in this area of practice. Working with The Law Offices of Needle and Ellenberg, P.A. will be imperative as they will review the case and determine what happens next. In addition to legal guidance, our team also has extensive resources available to help achieve the best outcome possible. Start by scheduling a consultation with our birth injury lawyer in Fort Lauderdale, FL, to gain the necessary support.