The birth of a child is an amazing and magical moment, but when those experiences turn into sorrow because you have been victims of medical negligence committed by hospitals, doctors, or nurses, it can be devastating. If your child has been hurt in Miami during childbirth, you need an experienced Miami birth injury attorney on your side to safeguard your legal rights. They will help you obtain the financial compensation you deserve for your injuries or your child’s injuries.
Miami birth injury attorneys at Kaire and Heffernan, LLC assist people in need of legal assistance following a birth injury. As experienced medical malpractice lawyers, we know how to investigate these cases and present a compelling argument on your behalf to get you the full compensation you are entitled to.
If your child has suffered a birth injury due to the negligence of a doctor or hospital in Miami, please contact us today for a free consultation with one of our experienced attorneys. We will review your case and recommend the best course of action to get you the justice and compensation you deserve.
What are Birth Injuries?
Birth injuries are any type of physical or mental injury that occurs to a baby during the birthing process. A birth injury can result in a variety of medical issues, including hypoxia, nerve damage, Erb’s palsy, cerebral palsy, and shoulder dystocia to name a few. It’s conceivable the harm that was caused by medical negligence, might lead to a medical malpractice lawsuit in all of these situations.
An injury caused by medical malpractice occurs when physicians, nurses, or other staff do not follow the required medical standards of care. The deviation from the accepted medical standard must have resulted in an injury, and that injury would not have occurred if the proper care had been given.
Medical negligence can cover a broad range of different situations, which is why it is so important to seek consultation with a Miami birth injuries lawyer. For example, the term can cover misdiagnosis or failure to diagnose, failure to carry out the proper tests, mistreatment of the patient, wrongful prescriptions, or other mistakes.
Every situation that results in birth injuries is unique and should be dealt with by a Miami birth injury lawyer. This is because medical negligence is a broad term that can be difficult to understand, and the facts of each case will play a role in your lawsuit. You must know what exactly happened in your case and how it led to the injuries to have a successful claim.
The Difference Between Birth Defects and Birth Injuries
Birth defects are distinct from birth injuries in that they exist before birth (congenital). Birth injuries, on the other hand, occur during the birthing process and can be caused by several factors, including medical negligence. Some common birth defects include cleft palate, heart defects, spina bifida, down syndrome, and so on. Birth defects are frequently the consequence of genetic malfunctions (including those that have no medical basis), which means families do not usually qualify for compensation.
However, in some cases, birth defects may have been induced by the negligence of others, especially when drugs or hazardous substances, or materials have been employed. In contrast to birth injury claims, product liability laws are the primary focus in these instances. When medical negligence is the cause of a birth injury, the family may then be able to file a lawsuit against the at-fault health care provider. This type of claim often alleges that the health care provider deviated from the standard of care, resulting in an avoidable injury to the child.
Taking Legal Action After a Birth Injury
The majority of newborn injury claims are complicated and emotionally charged disputes. When a newborn infant is the victim of medical malpractice or negligence, it may have an impact on his or her future. This is why, to be adequately compensated for their suffering, children and their parents should pursue legal action to ensure that they are taken care of financially through a birth injury lawsuit.
In most birth injury claims, parents and the injured kid must understand that a tenacious approach is sometimes required. This is because doctors and hospitals are protected by insurance companies that employ a team of attorneys who are skilled in arguing that medical personnel was not negligent or at fault. For this reason, it is important to hire an experienced birth injury lawyer who knows how to investigate these cases and prove medical negligence.
A birth injury lawyer in Miami, FL can help you negotiate a fair settlement if your child suffers a birth injury. Even though such circumstances might be resolved out of court, your lawyer will be ready for trial. A qualified birth injury attorney that is prepared and ready to go to court can assist with negotiations for reasonable compensation for the injuries.
How Do I Know if I Have a Birth Injury Case?
If you’re thinking about bringing a medical negligence lawsuit against your healthcare provider, you might not know whether or not you have grounds for a case. This is an understandable question to have, as the laws surrounding medical negligence can be complex. However, there are some general things that you can look for to see if you might have a case. Here are some of the key things you’ll need to consider:
Was there a Departure from the Standard of Care?
For a medical negligence case to be successful, there must have been a departure from the acceptable standard of care. The standard of care is the degree of attention that a competent healthcare professional would provide. To win a medical malpractice claim, you must first show that there has been a failure in the medical duty of care. This is the level of care that all healthcare providers are expected to adhere to as part of their duties to their patients.
There are a few different ways that the medical standard of care can be breached. It could also be that they provided substandard care by making an error in their diagnosis or treatment. If your healthcare provider failed to meet the required standard of care, this is considered negligence, and you could be eligible for full compensation for your losses. If you can show that there was a departure from the expected standard of care, you will also need to then show that this departure resulted in injuries.
Did the Departure from the Standard of Care Result in an Injury?
Not every instance where the standard of care is breached will result in a successful medical negligence claim. You must also be able to show that this breach of duty led to you being injured in some way. This means that you will need to have suffered physical, emotional, or financial damages as a result of the medical negligence. If you can show that the healthcare professional’s departure from the expected standard of care resulted in your injuries, you may be able to recover compensation for your damages.
Gathering evidence to prove a Miami birth injury
The following materials must be collected to establish a case of medical negligence in a birth injury lawsuit:
- Medical records: Your medical background will come into play. Any documents relating to your pregnancy and delivery, as well as records of the baby’s birth and subsequent care, will be important in determining if there was negligence and to what extent negligence may have contributed to your baby’s injury.
- Eye-witness accounts: If there are people who saw what happened during your delivery, their statements may be helpful to your case. These could be nurses, other doctors, or even family members who were present.
- Expert testimony: An expert witness’s testimony will be required in many situations to establish the appropriate level of care that should have been followed and how the defendant’s actions fell below that standard.
As you can see, there are a few different things that you’ll need to consider if you’re thinking about bringing a medical negligence case. If you believe that you have grounds for a case, the best thing to do is to speak with an experienced attorney who can help!
Reasons a Miami Birth Injury Attorney is Essential to a Successful Case
They Understand Florida Birth Injury Laws
Attorneys who specialize in birth injury claims and are devoted to the field will have a long track record of handling birth injury cases. This experience will have given them the in-depth understanding of birth injury laws that you desperately need to win your claim and get the best possible outcome for your family. A specialist will know exactly what needs to be done, when it needs to be done, and how to do it so that you can focus on your recovery.
In addition, many birth injury lawyers also specialize in specific injuries. They can also handle cases of severe harm to the mother during childbirth, as well as can assist if either mother or child was injured by a faulty product or medical device. If you or your child has suffered a birth injury, you must seek out an experienced lawyer who can help you get the compensation you deserve.
They Have the Resources to Take on Big Hospitals and Insurance Companies
Most birth injury cases will require taking on large hospitals or insurance companies. This can be an intimidating prospect, but if you have a specialist by your side, you will have someone who is familiar with the process and has the resources necessary to take on these powerful entities.
Your lawyer will be able to investigate your case, gather evidence, and build a strong argument to support your claim. They will also be able to negotiate with the other side on your behalf, ensuring that you get the best possible outcome for your family. You should never have to face these companies alone – let a skilled Miami birth injury attorney help you get the justice and compensation you deserve.
Birth Injury Attorneys Can Invite Medical Experts to Assist With Your Birth Injury Lawsuits
Every Miami, FL birth injury lawyer at Kaire and Heffernan, LLC understands that the last thing devastated parents may be concerned about when their babies have been injured is filing a malpractice claim against the liable party. However, to preserve the case, the evidence must be gathered as soon as possible following the birth.
An experienced birth injury lawyer will not only be able to quickly identify the signs that something went wrong during labor and delivery, but they can also reach out to medical experts who can help substantiate the claim. These experts can provide valuable testimony about what happened and why it was preventable, which can be crucial in winning a birth injury lawsuit.
We can handle all of the investigations that are necessary to construct a case and deliver financial compensation to your family, allowing you to focus on your child’s recuperation.
How Do Injury Attorneys Investigate a Birth Injury Case?
The first job of a birth injury lawyer is to acquire all of the medical records of the pregnancy, labor, delivery, and post-delivery for both mother and baby.
This will help to identify any red flags or warning signs that something might have gone wrong. Once all of the records have been gathered and reviewed, the attorney will reach out to medical experts to get their opinion on what happened and why. In Florida, a birth injury lawyer is required to examine the medical records with a medical expert to see whether any medical professionals were careless or if there was an error in treatment. These experts can provide both valuable insight and testimony about the case.
Keep in mind that the lawyer must find a medical expert who is recognized as an authority and skilled in the field of medicine relevant to the lawsuit. This is because only an expert can give an opinion about whether the care provided fell below the medical standard of care.
All physicians, nurses, midwives, and any other medical specialists who dealt with the mother’s and/or infant’s care and treatment will be meticulously looked at by this medical expert. Finally, the medical expert will write up his or her findings and turn them over to the birth injury lawyer. This document may have a significant impact on how the attorney proceeds to present the case.
After the lawyer has gathered all of the facts and evidence, he or she will investigate whether there are any other individuals or entities who may be held liable for the injuries. For example, if the injuries were caused by a defective medical device, the manufacturer of that device may be held liable. In some cases, multiple parties may be found liable for the injuries.
Miami Birth Injury Damages
If it turns out that your child’s birth injuries were caused by the negligence of a medical professional, you may be eligible to seek compensation for your child’s medical expenses as well as pain and suffering. Although financial compensation will not replace your pain or suffering from a difficult birth, it can assist you and your family to focus on recuperating rather than on additional financial concerns.
Victims may be left to pay for medical bills incurred as a result of their child’s injury, lost income due to time missed from work, or funeral expenses if they do not seek compensation. All of this can add to your emotional and physical stress when you need to be focusing on grieving, mending, and recovering. That is why hiring a Miami birth injury lawyer is so essential. They can shoulder the legal burden of getting the compensation you are entitled to, while you and your family focus on placing one foot in front of the other. At Kaire and Heffernan LLC, we think that pursuing compensation may save the lives of other babies. This is because seeking compensation draws attention to the healthcare industry’s problems and aids in preventing similar deaths and tragedies from occurring.
What Is the Average Settlement for a Birth Injuries Case?
Because each birth injury lawsuit is unique, it’s tough to offer an average settlement amount for this type of claim. Our legal team at Kaire and Hefernan, LLC, will consider the following factors when determining how much your case is worth:
- The severity of your child’s birth injuries
- The expected costs of your child’s long-term care and treatment (for surgeries, medications, ongoing treatments, special care, etc.)
- The investment in devices and equipment that allow you to best care for your child and satisfy their requirements
- The cost of continuing physical and developmental treatment for your child
- Your family’s lost wages and future earnings
- Your child’s pain and suffering
To learn more about how much your specific case might be worth, we encourage you to schedule a free consultation with our team. We will review your case, discuss the injuries sustained by you or your child, and help you understand what to expect moving forward. Our team will work tirelessly to get every dollar you and your kid are entitled to, as well as set you up for a future where your child is properly cared for and has the best possible quality of life.
How Long Do You Have To File A Birth Injuries Claim?
The rules surrounding the statute of limitations for birth injury claims in Florida are intricate and they may be impacted by a range of circumstances. In general, you have two years after the harm has occurred to file a claim for birth injury. However, if you are unable to identify the harm done immediately, you may file a claim within two years of the discovery date, but no more than four years after the injury occurred or when you should have reasonably discovered it.
Another aspect to consider is Tony’s Law, which allows a minor child to bring a birth injury claim until their eighth birthday if their parents or guardians were unable to identify the harm before that date. However, this statute only applies to children born on or after July 1, 1996. If you are still confused about how the statute of limitations may apply to your case, you should speak with one of our attorneys as soon as possible. They can help you understand the law and determine the best course of action for your family.
Should I Hire A Birth Injury Lawyer?
Yes! The first step in ensuring that your child receives the care they require and that those who harmed your child are held accountable, is to hire a birth injury lawyer. A birth injury lawyer will investigate your case and help you understand what happened, who may be responsible, and what legal options are available to you. In addition, hiring a lawyer can help you recoup medical expenses and any missed earnings.
Our Miami Birth Injury Lawyers Have Helped Many Families
The agony of seeing your child suffer a major injury that could have been prevented with better care is immeasurable. You trusted your health care provider to do everything possible to ensure a safe delivery, but something went wrong. If you believe your child’s injuries were caused by medical negligence, our attorneys can help you get the answers and compensation you deserve. Kaire and Heffernan, LLC understands how emotional and stressful birth injury claims are for the individuals concerned, and we will handle your case with the highest level of care, compassion, and professionalism.
Our Miami birth injury lawyers have helped many families get the answers and compensation they deserve for birth injuries. We have a long track record of success in these cases, and we are ready to put our experience and resources to work for you. Contact Kaire and Heffernan, LLC at 302-305-1064 to schedule a free legal consultation about your family’s choices following a birth injury in Miami. We proudly serve families across Florida with a perfect attorney-client relationship.