Wrongful Birth Lawyer Miami, FL
Most medical professionals are trustworthy and competent. You can rely on them when you need them most, and you believe they can deliver the right care to make sure everything goes smoothly. This competence requires years and years of training and education to get the knowledge and experience needed to provide the best care imaginable. But what happens if that nurse, doctor, or other specialist you thought you could trust fails to deliver?
Wrongful Birth and Birth Injuries
Serious medical problems can surface in an infant after improper or inadequate care. Some birth injuries can last a lifetime, and they can be deeply traumatizing for a newborn. Some infants suffer permanent nerve damage from excess pressure applied to the face. Others suffer from clavicle fractures or broken bones, which can hurt future development and growth. Nobody deserves to go through all that, least of all babies.
Some complications are unavoidable, and unfortunately, many result in long-term injuries. If a baby is large or premature, they may have difficulties developing. However, other birth complications could be perfectly avoidable if properly trained staff are on hand to deliver a child. For example, improper use of forceps can cause long-term health complications that could have been avoided with competent medical professionals. All of these complications should be adequately planned for by hospital staff. Our wrongful birth lawyer can help make things right.
Contacting a Wrongful Birth Lawyer
If you or a loved one’s baby was harmed during birth, seeking out our wrongful birth lawyer is the first step to take on a long journey of recovery and rehabilitation. While no amount of money can make up for any permanent injuries that a child can suffer during birth, it can help provide a sense of closure for anyone who has been affected by problems in the delivery room. This financial compensation can also help cover any future medical bills and treatments.
A wrongful birth lawyer is a valuable partner who can help you in a time when you feel like you can’t trust anyone. While the medical community may have let you or your loved one down when you needed them most, our lawyer will strive to make things right by investigating your case and walking you through the process of filing a claim. At Needle & Ellenberg, P.A., we’re committed to each and every client who contacts us about a wrongful birth, and we’ll take steps to make sure you and your loved ones are finally cared for.
A wrongful birth doesn’t mean you should give up on a healthy, happy future for your child. Reach out to Needle & Ellenberg, P.A., and get in touch with a wrongful birth lawyer in Miami, FL, you can trust.
What Should I Do If I Suspect My Child May Have Been Injured During Birth?
The process of giving birth can be a chaotic experience. New parents may not even be fully aware of how many medical personnel are in the room at any given time, let alone every procedure performed, medication administered, and test ordered. As a result, the aftermath of the birth experience can be strangely disorienting. You may have concerns about your child’s well-being that you don’t quite know how to vocalize. You may have questions about your baby’s health that you aren’t receiving satisfactory answers to. Please know that you are not alone. Many parents struggle with these same challenges. And too often, parents are led to believe that they have nowhere to turn for experienced guidance.
If Your Child May Have Been Injured During the Birth Process
If you either know or suspect that your baby may have been injured during the birth process, please do not hesitate to schedule a consultation with an experienced personal injury and wrongful birth lawyer in Miami, Florida. Not all birth-related injuries are immediately apparent, nor are the causes and consequences of such injuries always immediately easy to discern. An attorney experienced in birth injury claims will be able to speak with you about your options once they have learned about your birth process and your baby’s unique situation.
If it is ultimately determined that your baby was injured during the birth process, you may be able to file a legal claim against anyone (and/or any entity, like the hospital where the baby was born or the manufacturer of a medical device or medication that caused the injury) responsible for harming your child. If your claim is successful, you may be able to recover so-called financial damages that will allow you to pay for your child’s past and future medical bills related to the birth injury. Other economic and non-economic damages may be awarded as well. And importantly, your case may help to ensure that other babies are not similarly harmed in the future.
Wrongful Birth Lawyer Florida
Florida is one of more than 20 states that allows parents, with the help of a wrongful birth lawyer Miami FL respects, to seek damages for a child born with birth defects. These cases are generally based on the notion that a mistake was made by a negligent medical professional that deprived the parents of the opportunity to avoid conception or terminate the pregnancy. With advanced genetic testing that allows early detection of certain birth defects, physicians and medical professionals are becoming more and more responsible for to determining and communicating any fetal issues.
We understand that most families do not have the experience or finances to take on a doctor’s or a hospital’s insurance company. At Needle & Ellenberg, P.A., a skilled wrongful birth lawyer Miami FL trusts on our team can discuss your case with you at a free initial consultation, as well as work with you on a contingency fee basis if it is decided to move forward with the case. For your free evaluation, call us today!
Common Wrongful Birth Scenarios
Doctors have a duty to inform their patients about any known risks or complications involved in a pregnancy. As a wrongful birth lawyer Miami FL has to offer might explain, failing to do so can make a healthcare professional liable for consequential damages. Plaintiffs, or those filing the suit, in these kinds of cases often claim that the lack of information inhibited them from making an informed decision about whether or not to bring the child to term.
Parents, and a top wrongful birth lawyer Miami FL relies on, must prove that the withheld or negligently missed information concerning the fetus’ status, if it had been communicated, would have yielded the termination of the pregnancy. Similarly, if one (or both) of the parents has a genetic condition that increases the risk of having a child with major birth defects, but their doctor failed to diagnose this condition and inform them about the risk of birth defects during genetic counseling, they may also file a suit..
Wrongful Birth Damages
Mothers who successfully sue for wrongful birth can receive financial compensation to help offset the costs of caring for a disabled child. These expenses can include:
- tuition for special schools to help a child with a severe learning disability
- the costs of regular medical monitoring and treatment
- emotional or mental distress suffered as a result from the child’s birth defects
It should also be noted that it is highly unlikely for the court to award compensation for the costs not directly attributable to the birth defects. This means common childhood expenses are almost never recoverable.
Contact a Miami Wrongful Birth Lawyer Today
If you and your family have faced the consequences of a negligent medical professional in a wrongful birth scenario, we can help. At the Needle & Ellenberg, P.A., we’ve dedicate our lives to fighting for the rights of people just like you. Call a skilled wrongful birth lawyer Miami FL is proud to have fighting for its community, today.
Birth Injury Claims Assistance Is Available
Struggling with the aftermath of a traumatic birth experience can leave new parents feeling drained, confused, frustrated, and alienated. Please understand that you do not need to navigate your questions and concerns alone. It can often be difficult to determine at a glance whether your child has suffered injury as a result of a traumatic birth experience. And even when injuries are immediately apparent, it may be difficult to determine whether they could have been prevented by the physicians, nurses, and medical facilities associated with a baby’s birth. A wrongful birth lawyer in Miami, FL can help you to navigate these challenges and obtain answers to your questions.
In addition, an experienced attorney from Needle & Ellenberg, P.A. will be able to speak with you about your options and help to ensure that your decisions are informed. Even if you choose not to pursue legal action, the process of speaking with a wrongful birth lawyer in Miami, FL, will help you to avoid wondering “what if?” down the road.