Can You File a Lawsuit in Florida if Your Baby Needs Surgery for Birth Injuries?

Undergoing surgery or any medical procedure often has some risks associated with it.  Childbirth is a medical procedure, but it is also a natural phenomenon.  Babies need to be born in order to come into this world, and many people are willing to accept that this sometimes comes with complications and problems.  Unfortunately, many parents do not understand what kinds of injuries and birth defects are acceptable accidents and what kinds of injuries are serious examples of negligence and improper healthcare.  Miami birth injury lawyer Prosper Shaked explains when you can sue for additional surgeries and other harms after a birth injury.

When Can You Sue for Birth Injuries in Florida?

When you undergo medical care, your doctor is expected to give you quality care.  Every specific situation is different, and there is no hard set of rules for what your doctor should and should not do in every case.  However, there is a sense of what a reasonable doctor should and should not do as part of your healthcare given the facts of your case.  Typically, you can sue for the injuries and errors that came from a doctor’s mistakes, but some injuries are within the realm of acceptable complications, you cannot usually sue for these injuries.

Some effects of a medical procedure are unavoidable.  For example, sometimes a doctor will be unable to finish a procedure if you lose too much blood, and you may need to undergo a second procedure when you are well enough.  With childbirth, complications like an umbilical cord wrapped around the neck or a narrow birth canal could mean needing to switch to a C-section or making other healthcare decisions – but these issues do not necessarily mean that the doctor did anything wrong.

When the doctor’s care falls below the reasonable expectations about the care and skill the doctor should use, you can sue for any harm the doctor causes.  These situations often occur when doctors make surgical mistakes, such as cutting too deep or nicking an artery during surgery.  With childbirth in particular, doctors may be responsible for birth injuries that involve unnecessary procedures or mistakes committed during the birth. The following are all common examples of situations that might include negligence and allow you to sue your doctor for birth injuries:

  • Excessive bruising at birth
  • Injuries from dropping the baby
  • Injuries from forceps
  • Hypoxia and strangulation from an umbilical cord wrapped around the neck
  • Hypoxia from delayed treatment
  • Head and brain injuries from improper handling
  • Facial paralysis from nerve injuries during birth
  • Harm from induced labor or delayed labor
  • Other avoidable injuries

Especially when your child is concerned, it is okay to have doubts and question your doctor’s care decisions.  If your child was injured during childbirth or suffered negative health conditions like cerebral palsy, talk to a lawyer to learn more about whether you can sue for medical malpractice.

Suing for Additional Surgeries After Birth Injuries

When your child’s birth injuries are caused by negligent healthcare, you are typically able to claim damages for any additional harm the child suffers.  You can sue, first of all, for the pain and suffering that your child undergoes because of the doctor’s care mistakes.  This can help you and your child get money to help them with the future issues they could face if they suffered long-term birth injuries like brachial plexus injuries, partial paralysis, or cerebral palsy.  You may also be able to sue for damages related to their future hardships, such as reduced wages and other economic hardships.

If your child needs to undergo surgery to help with the birth injuries they suffered, you can typically sue for the cost of the additional treatment.  Putting a child through surgery is often incredibly taxing and should only happen if absolutely necessary.  While children sometimes need surgery because of natural health conditions or unavoidable issues, any surgeries related to medical malpractice would never have been necessary if it weren’t for the doctor’s negligent treatment.

Because the doctor’s negligence directly caused the child to need surgery, the doctor should be held accountable for the cost of that surgery.  Along with the other damages your child and your family suffered, the doctor should be made to pay for the cost of additional healthcare, surgeries, and medical treatment to help with the birth injuries.  These costs are typically paid through medical malpractice insurance, which can typically cover very high costs.

To get the damages for additional surgeries covered, it is important to talk to a lawyer about filing a medical malpractice lawsuit.  Many birth injuries are incredibly complex, and the malpractice insurance company may not be willing to pay damages without a court verdict.  Talk to a lawyer about suing for medical malpractice during childbirth and additional care related to those injuries.

Call Our Miami Birth Injury Lawyer for a Free Legal Consultation

Parents and families of babies who suffered from medical malpractice and birth injuries are often entitled to substantial compensation for the injuries the child suffers.  Especially if the child undergoes additional surgeries and procedures to help with the birth injury, you could be entitled to have the cost of this care and other future medical care covered through a personal injury and medical malpractice lawsuit.  Miami personal injury lawyer Prosper Shaked may be able to help with your case.  Call the Law Offices of Prosper Shaked to schedule a free legal consultation on your case today.  Our number is (305) 690-0244.

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