Birth injury lawyer Miami
Medical malpractice is a complicated situation to navigate without professional help. Most of the time, presenting a case that merits court action requires the expertise of a birth injury lawyer Miami as knowledge of processes, procedures and paperwork is essential to building the case. For laypersons who have suffered harm, preparing to file a lawsuit is almost like becoming a victim all over again. The responsibility is on litigants to show cause that the complaint deserves to be on the docket. It helps to know that that you have a birth injury lawyer Miami on your side.
Causes of Birth Injuries
Childbirth injuries in neonates are fairly common because the fully formed infant has to pass through a narrow birth canal for women opting for traditional birthing methods. Birth injury lawyers Miami and elsewhere have had to contend with cases ranging from minimal to devastating injuries due to inadequate or improper medical care.
Forceps delivery complications to the baby
One of the common issues has to do with forceps delivery. Forceps delivery can affect the baby in several ways although the Mayo Clinic states serious injuries to infants are rare. The effects include superficial marks on the face due to pressure from the forceps and facial muscle weakness, which would normally fade with time. Other effects that may require medical attention include external trauma to the eye area, skull fracture, internal bleeding within the skull region and unexplained seizures.
When a birth trauma needs a birth injury lawyer Miami?
When birth trauma is apparent, it is important to seek medical care quickly. It is equally important to document, on your own, the symptoms and the actions undertaken. Get in touch with a birth injury lawyer in Miami to seek guidance for the next steps to take. Medical attention for the injured infant is the primary concern, but this specialized care will cost money, and insurance providers may not be forthcoming with coverage. Contacting a Miami injury lawyer will ensure that you take all the steps necessary to preserve your rights and those of your child.
Birth Injuries in Newborn
Birthing is a traumatic event for both mother and child, but fortunately, medical advances have created a safer environment where life-saving measures can be initiated quickly and efficiently when needed. Nonetheless, there are still many cases of trauma and injury to newborns that may be traced to preventable causes.
- Brain injury at birth: No matter how short the duration, oxygen deprivation during the process of delivery may lead to serious health issues for the newborn. Permanent brain injury is a possibility, and it is a condition that may cause acute or lingering symptoms, including seizures, cerebral palsy and other disorders. Oxygen deprivation has been studied as a factor in various physical and mental disorders that affect achievement later in life.
- Brain damage at birth from lack of oxygen: Oxygen deprivation may occur when the medical team at delivery fails to closely monitor the infant’s critical markers and symptoms. Causes of oxygen deprivation in neonates include a prolapsed cord and prolonged distress in the birth canal.
- Brachial plexus injury at birth: Brachial plexus injury refers to a loss of ability to move the arms, including weakness in the arms. This happens when the brachial plexus or the set of nerves around the shoulder are injured during a difficult delivery. Some of the possible causes include manipulation of the baby’s fragile shoulders in a headfirst delivery or sideways pressure on the neck and shoulder region during the passage through the birth canal. In a breech or feet-first delivery, the baby’s arms are raised and may be subject to undue pressure that would injure the nerves in this area. Shoulder dystocia and a larger-than-average baby size may contribute to a difficult delivery, but these events could be anticipated and planned for prior to the delivery.
- Spinal cord injury: Spinal cord injuries in newborns may be due to blunt force trauma or a medical condition such as spina bifida. A report from the Boston Children’s Hospital indicates that 60 to 75 percent of spinal cord injuries sustained by infants occur in the neck region. This can be very distressful as injury to the higher sections of the spinal cord can have permanent and devastating effects on the baby’s physical condition. A traumatic delivery may involve traction on the baby’s fragile torso in a breech delivery, rotational stress on the spine, over-extension of the fetal head in a non-traditional birthing position and injury to the spinal cord and nerves similar to brachial plexus damage.
- Broken collarbone or newborn skull fracture: Clavicle and skull fractures are rare occurrences in normal childbirth where the medical setting prioritizes the safety of mother and child. It is often difficult to tell if an infant has suffered this type of injury because the baby cannot communicate location and intensity of the pain. It is up to the baby’s caregivers to identify symptoms such as bruising and swelling, absence or limited movement on the fractured side, evidence of a droop on the affected shoulder and constant crying especially when the affected side is touched. Clavicle and skull fractures are rare occurrences in normal childbirth where the medical setting prioritizes the safety of mother and child. It is often difficult to tell if an infant has suffered this type of injury because the baby cannot communicate location and intensity of the pain. It is up to the baby’s caregivers to identify symptoms such as bruising and swelling, absence or limited movement on the fractured side, evidence of a droop on the affected shoulder and constant crying especially when the affected side is touched.
- Subdural hematoma at birth: Subdural hematoma refers to a condition where there is bleeding outside of the brain, causing pressure to build up in the cranial region that could lead to more serious conditions for the newborn. Acute subdural hematomas are the most dangerous kind, and they may be caused by traumatic injury during delivery. Some of the symptoms include excessive vomiting, high-pitched and sustained crying, seizures, lethargy, unusual eye movement and bulging in the affected area.
- Bell’s Palsy: Bell’s Palsy is a condition that is evident with weakness or paralysis on one side of the face. The exact causes of Bell’s Palsy in infants are still unknown although research suggests that viral or bacterial infection may be a factor. The condition may not be permanent, but it may damage the optic nerves, leading to blindness.
Birth injuries to mother
Childbirth is no longer as risky a situation as it once was because today’s healthcare providers are trained to address most of the pregnancy complications that may arise. To help ensure a positive outcome, the modern healthcare system provides the equipment, medication and other interventional strategies to help women through childbirth. Nonetheless, women still suffer from preventable issues during the childbirth process, and a birth injury lawyer Miami could help bring clarity if you have suffered harm during childbirth.
- Severe perineal/vaginal tears during childbirth: Some degree of tearing or laceration may result from vaginal birth, but it usually heals on its own. However, third and fourth degree tears are cause for concern. A tear that involves the muscles of the anal sphincter is a third degree tear while one that extends into the rectal lining is a fourth degree tear. If confirmed during the delivery procedure, the tear should be repaired immediately and proper aftercare initiated to prevent infection and complications.
- Fissures: An anal fissure is a minor tear in the anal lining. It may be due to straining during delivery, certain medical conditions or a combination of both. This is typically considered a minor issue that responds well to home treatment. However, the condition must be diagnosed and addressed quickly to prevent complications as the symptoms include pain, discomfort and possible infection.
- Incorrect or inadequate suturing after an episiotomy or Cesarean: Episiotomy is an incision created to enlarge the opening to facilitate vaginal delivery. The physician uses sutures to repair the incision after the baby is delivered. Suturing is a critical step as it affects the healing process and the patient’s comfort level. Inadequate and improper suturing can cause pain, discomfort and infections.
- Hypertension,infection treatment Negligence: Gestational hypertension may lead to preeclampsia, which is a severe complication that could affect both mother and baby. Pregnant women who present with hypertensive symptoms should be monitored closely. Additionally, women who experience infection in one form or another during the course of the pregnancy should be treated according to the protocol that is safe for both mother and baby. Failure to do so on the part of the obstetric team may harm the infant and affect the mother's health as well.
Birth Injury Lawsuit
Complications of the childbirth process may happen due to unforeseen factors, but it is the medical team's responsibility to address these issues quickly and effectively to minimize harm to mothers and babies. The impact of negligence or incompetence of health professionals can be devastating for the parties involved. Professionals who take their responsibility for granted should be held accountable for their actions. On the other hand, patients who are harmed should be able to seek reparations, and this can be accomplished with the help of a Miami injury lawyer
How long does a malpractice lawsuit take?
Generally, the more complicated medical malpractice lawsuits take a longer time to resolve than simpler cases. The complexity of the case depends on the legal and medical issues involved and the number of witnesses and responsible parties attached to the case.
It may take up to five years to resolve a medical malpractice lawsuit from the time the injury happened up to the date of resolution according to a study conducted by the New England Journal of Medicine.
Statute of limitations for medical malpractice
It is also important to note that most states impose a statute of limitations on medical malpractice lawsuits. The deadline for filing lawsuits can vary, depending on state law and the discovery rule applicable in the state of filing. The discovery rule extends the filing deadline if injuries did not become evident within the statutory limits. Discuss the details of your case with a Miami injury lawyer as soon as possible to make sure that you don't miss your opportunity to pursue civil remedies for the harm that you and your baby suffered.
A Birth Injury Lawyer Miami should be handling your Case
Medical malpractice lawsuits involve a lot of preparation, research and documentation even before the case goes in front of the courts. Seek the guidance of a Miami injury lawyer experienced and highly knowledgeable in differentiating routine medical issues from complications attributable to negligence or carelessness of the healthcare team. Expect to work with knowledgeable professionals who understand that medical negligence may affect patients in physical and emotional ways. Most of all, a Miami injury lawyer represents the interests of both mother and child, ensuring a unified approach to seeking justice for preventable childbirth injuries.