Understanding Birth Injuries in Florida
For some Florida families, the birth of a child can turn from the most joyous moment to one of the most devastating experiences when something goes wrong during the birthing process and the baby suffers an injury. While some birth injuries are unpreventable, many occur as a result of medical negligence or healthcare providers making poor decisions during critical times. Understanding the nuances of birth injury cases is crucial for families seeking justice. In this article, we discuss what a birth injury is, examples of birth injuries, common causes of birth injuries, and the legal protections in place for Florida families.
What Is a Birth Injury?
A birth injury is any harm that a baby sustains during the birthing process. It can happen before, during, or after childbirth. Some birth injuries are mild or temporary and heal within a short time. However, others are severe and can result in lasting disabilities that require ongoing medical care and support.
Some people assume that birth injuries and birth defects are the same. However, these are two different things. While a birth defect occurs due to a genetic condition or developmental problem that arises while the baby is still in the womb, a birth injury happens due to something going wrong during pregnancy, labor, delivery, or after birth. Occasionally, birth injuries occur due to medical errors.
What Causes Birth Injuries?
Some birth injuries occur due to unavoidable reasons, despite proper medical care. However, while some birth injuries are inevitable, often, these injuries occur due to preventable medical mistakes, such as the following;
- Failure to monitor fetal distress
- Failure to order a timely C-section
- Improper use of medications, such as giving the wrong dose of labor-inducing drugs
- Misusing medical tools, such as vacuum extractors
- Failure to diagnose or treat maternal infections or conditions
Examples of Birth Injuries
Children can suffer a wide range of birth injuries that can affect different body parts. In severe cases, birth injuries can result in permanent disabilities. The following are some of the most common birth injuries seen in Florida;
- Cerebral palsy
- Brachial plexus injury
- Fractures
- Caput succedaneum
- Cephalohematoma
- Nerve damage
- Hypoxic-Ischemic Encephalopathy (HIE)
- Hemorrhages
Recognizing the signs of a birth injury early, such as breathing difficulties, poor reflexes, feeding difficulties, excessive crying, abnormal muscle tone, and limited movement, is crucial in getting the child the medical care they need.
Legal Protections for Florida Families
In Florida, families whose child suffers a preventable birth injury have several legal avenues, including obtaining compensation through the state’s NICA program and filing a medical malpractice claim. NICA, which stands for the Florida Birth-Related Neurological Injury Compensation Association, is a program that provides limited no-fault financial compensation to affected families. This program’s goal is to reduce litigation and insurance costs.
On the other hand, medical malpractice claims allow families to seek full compensation from negligent healthcare providers. Medical malpractice claims can provide compensation for medical bills, lost earning potential, pain and suffering, and many other damages. However, to pursue a medical malpractice claim, you must prove that the standard of care was breached and that breach was the direct cause of the injury. It is best to work with an attorney because of how complex these cases can be.
Contact a Tampa Birth Injury Lawyer
If a birth injury has occurred in your family due to medical negligence, contact an experienced Tampa birth injury lawyer at Gunn Law Group P.A. for help pursuing the justice and compensation you deserve.
