When your baby is diagnosed with a serious condition, your first instinct will be to focus on their care. You want to give them everything they need to live a happy, healthy life. In the back of your mind, though, you might start to wonder what caused their condition. Was it something that happened during the delivery? And if so, was it avoidable? Medical providers are not always quick to offer answers.
You are not alone. Many parents struggle to understand whether their child’s diagnosis is the result of natural causes or due to a medical mistake. In some cases, injuries that happened during labor or delivery can be mistaken for conditions a child is born with. Speaking to an Aventura birth injury lawyer can help you get the clarity you need. A skilled medical malpractice attorney can help you sort through the details by reviewing records and consulting experts. If your child’s condition is the result of a preventable mistake, a medical malpractice attorney can also explain your legal rights.
Both birth defect and birth injury are terms used to describe issues present at or shortly after birth. However, the causes are different. A birth defect usually develops during pregnancy and is often related to genetics, environmental issues, or unknown factors. These conditions are not usually the result of any action taken during labor or delivery.
A birth injury, on the other hand, is physical harm that occurs as a direct result of what happens during childbirth. These injuries are often linked to preventable medical errors, such as a delayed C-section or misuse of delivery tools. Understanding whether a child’s condition falls into one category or the other is key to knowing if there is a legal claim for compensation. An attorney in Aventura can help a family understand the difference between a birth injury and a birth defect.
Certain birth injuries are more likely to result from negligence during the labor and delivery process. These include:
These injuries may not be immediately apparent, and they could develop into long-term disabilities. A careful investigation by an Aventura lawyer can help determine if a birth injury was caused by avoidable medical mistakes.
Hospitals rarely admit that something went wrong during labor or delivery. For many parents, the first indications of a birth injury come days, weeks, or even months after leaving the hospital. A delayed milestone, a diagnosis from a pediatrician, or unexpected symptoms can raise questions. But how do you know if it was a tragic outcome or a preventable one?
Building a birth injury claim requires a detailed review of the delivery timeline and the actions of medical staff during key moments. This is not something parents can try to piece together on their own. An Aventura attorney familiar with birth trauma litigation can bring in medical experts to analyze the facts of the case and see if they are consistent with signs of negligence.
Florida Statutes § 95.11 allows you to file a medical malpractice claim up to two years after the injury is discovered (with some exceptions). The sooner a family starts asking questions, the better. It can help an attorney preserve and review evidence before it is lost.
When your child is hurt, you want to do everything you can to help them. Getting to the truth behind their injuries is an important step. If your child’s condition was caused by medical negligence, you have the right to take action and seek compensation that can help care for them.
An experienced Aventura birth injury lawyer at Kaire & Heffernan can help you understand your options and fight for the support your family needs. Contact us today for a free, confidential consultation about your case.
(305) 876-6001