Injuries that occur during childbirth can have lifelong effects on both you and your child. If a medical professional or entity acted negligently, you’re entitled to financial compensation. The lawyers at Steinger, Greene & Feiner in Jacksonville are your trusted legal experts when it comes to birth injury claims. We won’t stop until the negligent party is held accountable for their actions and you get the compensation you need to cover all injury-related costs. Contact us today to get started.
Understanding Birth Injuries
Birth injuries are preventable injuries that occur during the childbirth process. They can occur before, during, or after delivery and can affect the child, the mother, or both. Birth injuries can have permanent effects on a child’s physical and mental development.
Birth injuries can occur for a number of reasons. Common causes include the following:
- Staff shortage
- Lack of training
- Lack of communication or miscommunication
- Limited or outdated resources
- Lack of monitoring
- Delayed C-section
- Disregard of hospital regulations
Doctors, nurses, and other medical professionals have a duty of care to their patients. In the case of childbirth, they owe a duty of care to both the mother and her baby. If these medical professionals fail to deliver their duty of care, they can be held liable for any injuries that may occur.
Here are some examples of negligence during childbirth:
- Failing to check the mother’s vital signs
- Failing to address an existing medical condition
- Using tools or techniques improperly
Four key elements are necessary to establish negligence in a birth injury claim.
- Duty: The medical professional owed the patient a duty of care.
- Breach: The medical professional breached their duty of care to the patient.
- Causation: The medical professional’s breach of duty caused the patient’s injuries.
- Damages: The patient suffered a form of identifiable harm—whether physical, mental, or emotional—as a result of their injuries.
Common Types of Birth Injuries
Shoulder Dystocia
A baby’s shoulders are the widest part of their body that must fit through the narrow birth canal. Using excess force to pull the baby from the birth canal can damage muscles and tendons in the brachial plexus, which is the nerve network that carries signals from the spinal cord all the way down the arm. This damage can result in a condition called Erb’s palsy, which causes weakness, limited function, and developmental delays in the side of the body affected by shoulder dystocia. Some of these complications are temporary while others are permanent.
Cerebral Palsy
When the brain doesn’t receive enough oxygen, cells die quickly. Even a brief lapse in oxygen flow can result in long-term health consequences for a newborn. Some children who suffer from oxygen deprivation during or after delivery develop cerebral palsy. This severe neurological condition can cause a child to require lifelong medical care.
Organ Damage
A poorly performed delivery or negligence after delivery can cause internal organ damage. If not caught and treated promptly, this damage can have lifelong or life-threatening consequences.
Surgical Instrument Injuries
Doctors and nurses use various medical instruments—like forceps and sponge holders—to aid them during the delivery process. If these tools are used incorrectly, they can cause injuries like lacerations and puncture wounds to the infant.
Maternal Injuries
The baby isn’t the only one at risk during and after the delivery process. The mother is just as susceptible to sustaining injuries due to medical malpractice. Childbirth is a physically, mentally, and emotionally strenuous process for mothers. Their only focus should be on delivering a healthy baby. The doctors and nurses on staff are responsible for ensuring her health and safety along with the baby’s. Medical professionals should perform tasks like regularly checking the mother’s vital signs and addressing complications before they escalate. Negligence can result in problems like vaginal tearing, pelvic floor damage, and excessive bleeding.
Understanding Birth Injury Claims
If your child was injured during the birthing process, you can file a medical malpractice lawsuit against the facility or individual who acted negligently or recklessly. Medical malpractice claims differ slightly from other personal injury claims.
Victims can’t immediately sue the individual doctor, nurse, or other medical professional involved in the incident. First, you file a formal complaint with the medical board of the hospital or other medical facility where you gave birth, outlining who you believe acted negligently. The medical board will then determine whether you have grounds to file a medical malpractice lawsuit against the individual(s) involved.
Florida’s statute of limitations for birth injury claims is two years, meaning parents have two years from the date of their child’s birth to file a lawsuit against the defendant. If you file after this deadline, you risk losing out on compensation. In the case that an injury, like a developmental delay, is not discovered until after the first two years, parents can file a lawsuit within two years of when a reasonable person should have discovered it.
The Role of a Birth Injury Lawyer in Jacksonville
Life with a healthy newborn is hectic enough as it is. Life with a newborn who suffered health consequences due to a medical error can be completely overwhelming for new parents. Plus, proving medical malpractice in a birth injury case is challenging without professional help. That’s why hiring a skilled birth injury to represent your case is crucial.
Steinger, Greene & Feiner is here to walk alongside you during this difficult time so you can focus on what matters most. Your lawyer will perform the following tasks for you.
- Understand Florida’s medical malpractice and birth injury laws
- Determine fault
- Calculate damages
- Meet deadlines
- Secure compensation
- Negotiate with insurers and the medical board
- Represent you in court
Why Choose Us as Your Jacksonville Birth Injury Lawyer
Choosing a personal injury attorney to handle your birth injury case is a crucial step in your journey toward justice. Here’s why Steinger, Greene & Feiner is the leading birth injury law firm in Jacksonville.
1. We’ll help you secure maximum financial compensation
Birth injuries impact families not only physically and emotionally but also financially. Severe birth injuries can result in thousands of dollars in treatments, surgeries, rehabilitation, and around-the-clock care, potentially for the rest of the child’s life.
Our lawyers are dedicated to helping you secure maximum compensation to cover the cost of things like:
- Medical expenses
- Lost income
- Rehabilitation
- Pain and suffering
A plaintiff can seek up to $500,000 in compensation for pain and suffering-related damages in Florida. The one exception is if medical malpractice resulted in the permanent vegetative state or death of the infant. In these cases, the plaintiff can seek up to $1 million in compensation.
2. You don’t pay until we win your case
Any parent who suffers the trauma of a birth injury should have access to professional legal expertise. When you choose Steinger, Greene & Feiner to handle your claim, you don’t have to worry about payments until after your case is resolved and you have the compensation you deserve.
3. We provide 24/7 support
When questions and concerns arise outside of normal business hours, we’ll be there to put your mind at ease. Our team is available 24/7 to provide the support you need.
4. We offer convenient communication options
Whether you want to visit us in person or handle your entire case online, we’ve got you covered. You can contact us anytime by call, text, or online chat.
Our Success Stories
“I went to one attorney with my case and I didn’t hear anything from them via text, phone, email nothing. Within a couple of hours, I get a text letting me know the lawyers are working on my case and they will be in touch with me. I love that because you need to know what’s going on with your case without you having to call them and see what’s going on.”
– Sheila Stokes
“You have a phenomenal and trustworthy team. I would highly recommend your firm to anyone who needs highly qualified lawyers. Thank you for your hard work and determination.”
– Anthony Grady
“They handled my case in a very professional and timely manner. I never had to worry or handle anything! If it wasn’t for this team of professionals I fear the insurance company would’ve beat me out of the care and money I deserved. I highly recommend this law office. They’re dedicated to getting you the money and care you deserve after life changing experience such as the car accident I was in.”
– April Scarffol
Get Help Now From Our Trusted Legal Experts
When you need a Jacksonville birth injury lawyer, Steinger, Greene & Feiner is the firm you can trust. We have the resources and skills required to win your case and secure the compensation you deserve. Contact our team today to discuss the next steps.