When Can You File a Birth Injury Lawsuit?
Few situations are as devastating as learning that your child has suffered a birth injury. These injuries can develop during difficult labor or delivery, but often, they occur when a doctor or other medical professional acts negligently. There are different, common types of birth injuries children can suffer. If your child has suffered one of them, you might want to contact a Miami injury lawyer to learn about your options.
What Are Common Birth Injuries?
Birth injuries are far more common than many people think. Many babies sustain minor injuries during childbirth that clear up on their own in time. However, others can suffer much more serious injuries that can remain throughout the child’s lifetime and require constant medical care. In that situation, it’s crucial to get help from a birth injury lawyer to recover compensation for the damages related to your child’s condition.
Cerebral palsy is one of the most common birth injuries. It occurs when the baby suffers brain damage, usually due to oxygen deprivation during birth. Symptoms can vary in severity and affect children differently. While some may have problems with one or two limbs, others can experience multiple problems with coordination, speech, development and even eating. Medical negligence is sometimes involved when babies develop cerebral palsy.
Brachial palsy occurs when the brachial plexus, the group of nerves within the arms and hands, is overly stretched during childbirth. If the shoulder is caught in the birth canal for a period of time, shoulder dystocia can occur. These injuries cause babies to have trouble flexing and rotating their arms but often resolve after a few months if brushing alone occurs. In worse cases involving tearing, permanent nerve damage can occur.
Caput succedaneum develops when the baby progresses through the birth canal during delivery and causes swelling of the soft tissues within the scalp. Some babies end up with this injury when doctors use vacuum extraction or forceps to assist in childbirth. The injury often clears up on its own after a few days. If a doctor was negligent while using assistive measures to deliver your child, a birth injury lawyer can help you.
Hypoxic ischemic encephalopathy occurs when the baby suffers a lack of oxygen and blood flow during childbirth. It can range in severity, but in severe cases, babies can suffer long-term problems and disabilities such as trouble feeding, hearing or vision impairment and seizures. A birth injuries lawyer can help you prepare a lawsuit against the party liable for your child’s injury.
These are some of the most common birth injuries children can experience. Many instances occur because of medical negligence.
When Do You Have a Lawsuit?
If your baby has suffered a birth injury, especially one that’s more serious and long-term or even permanent, you might want to file a lawsuit. A birth injuries lawyer can help you prepare your claim and ensure that you have the right evidence in the form of your child’s medical records and all medical expenses you have amassed. You can file a birth injury lawsuit within two years of the medical error that caused your child’s injury. However, the statute of limitations can be extended if the injury doesn’t manifest until later.
If your child suffered a birth injury, contact A to Z Injury Law to discuss your case with a Miami injury lawyer.
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