Birth Injury

Birth injuries are extremely difficult for families and can lead to tragedies and long-lasting consequences. In some cases, birth injuries are the result of medical malpractice. While not every birth defect is caused by wrongdoing on behalf of medical professionals, these unfortunate incidents take place more frequently than many people realize.

If you believe that your baby suffered from birth injuries that resulted from medical malpractice, you could be entitled to compensation that will help cover the costs of present and future medical expenses and other losses related to that injury. To learn more about your legal rights and options for pursuing a claim, contact a Tampa, Florida birth injury attorney. At the Durham Law Group, our dedicated and compassionate Tampa birth injury attorneys understand how important it is to recover damages following one of these tragic events. Call us today at 813-333-6250 to learn how we can help you and your family.

Medical Malpractice Claims in Tampa, Florida

To recover damages in a medical malpractice claim, you must be able to prove certain elements. First, you must indicate that the provider responsible for the injuries owed a duty of care, breached that duty of care, that the breach of duty resulted in injuries to your baby, and that he or she sustained actual damages as a result of the failure on the part of that medical provider.

Of course, as a parent and a patient in a medical setting, you might not always understand whether something that went wrong was the result of medical malpractice or something outside of your medical provider’s control. Establishing negligence will require evidence, which may include witness statements such as those provided by parents, statements from medical practitioners, medical records, and expert witness statements provided by medical professionals.

If you are unsure of whether you have a claim, contact a Tampa, Florida medical malpractice attorney.

Causes of Medical Malpractice Birth Injuries in Tampa, Florida

There are a variety of ways in which medical professionals can fail to appropriately care for the mother and baby, resulting in potential injuries and, in severe cases, fatalities. Some examples of birth injuries include head trauma, hypoxemia, and cerebral palsy. The reasons that these incidents may occur include the following:

  • Inadequate training practices for hospital staff
  • Improper use of medical devices and equipment
  • A lack of fetal monitoring
  • Misdiagnosis of conditions that then lead to injury or illness
  • Providing improper medication to the mother or baby
  • Failing to provide adequate monitoring of fetal vital signs

If you believe that your baby suffered as a result of a failure on the part of medical providers, contact an attorney. Your lawyer will be able to help you recover the necessary information to determine who is liable in your case.

Available Damages in a Tampa, Florida Birth Injury Claim

Birth injuries can have lifelong impacts that result in expenses and limitations on the victim’s life. A medical malpractice claim can help you recover compensation following one of these tragic incidents. The compensation will cover certain medical bills and expenses, accommodations that will help you provide care for a disabled child, pain, suffering, lost income, and certain childcare-related expenses. The damages available through these claims can help remove some of the hardship created by the negligent or careless actions of a medical provider. A successful claim will help improve the quality of life for the baby and the family. To learn more about the damages available in a medical malpractice claim, contact a Tampa, Florida birth injury attorney.

Statutes of Limitations in Florida Birth Injury Claims

Lawsuits in Florida are subject to a statute of limitations, which limits the amount of time the injured individuals have to recover damages following an injury. When it comes to birth injuries, these lawsuits are subject to the statute of limitations which applies to medical malpractice cases. Under Florida law, plaintiffs have two years from the time at which the malpractice is discovered to file their claim. In some cases, instances of malpractice may not become immediately apparent. In those situations, the statute of limitations will be extended. There is a law in Florida that will extend the statute up to the point in time when the child is eight years old. However, it is important to note that this exception only applies in cases where the parents had no reason to know that the injuries suffered by their child were the result of birth-related medical malpractice. If the parents were aware of those injuries or should have been aware of the cause of those injuries, this extended statute of limitations period will not apply. To learn more about your rights and your ability to file a claim following a birth injury, contact a Tampa, Florida medical malpractice attorney.

Call the Durham Law Group Today for Help After a Birth Injury in Tampa

At the Durham Law Group, our attorneys understand how important it is for families whose infants suffered medical malpractice injuries at birth to recover damages. The compensation available to these families can help to support and provide for victims of medical negligence. Call us today at 813-333-6250 to learn how our dedicated medical malpractice attorneys can help you and your family.

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