Birth injuries affect thousands of people each year. They can range from minor events, such as a bump or a bruise that causes discomfort and pain, to much more serious injuries that leave victims with a lifetime of medical problems and significant limitations. Unfortunately, a significant number of these Florida birth injuries are avoidable, and they only occur because a medical professional was somehow negligent during a woman’s pregnancy, labor, or delivery. For this reason, it is critical that every birth injury case is thoroughly reviewed by an experienced lawyer as soon as possible to determine whether medical malpractice played a role. Failure to do so can result in victims sustaining significant uncompensated losses and being time-barred from filing any claim they had by .
Legal claims based on birth injuries caused by medical negligence can vary widely in terms of their value. In some cases, the recoverable damages may be nominal, while in others, victims are legally entitled to millions of dollars in compensation. The value of any claim that you or your child may have will depend on a variety of factors, including the severity the injuries involved, whether you were partially at fault for your accident and your or your child’s prognosis.
At the Dolman Law Group, we will review your birth injury case at no cost to you and determine whether you may be able to recover compensation. Our experienced St. Petersburg birth injury lawyers have the skill and knowledge required to recognize and expose the negligence of medical professionals and are dedicated to helping our clients recover the full value of their claims. To schedule a free case evaluation with an attorney, call us today at (727) 222-6922 or send us an email through our.
Damages for Medical Expenses Are Often Substantial in Birth Injury Cases
Birth injuries often result in serious medical conditions that require ongoing medical care. For example, decreased oxygen supply to the baby during the delivery could result in the child developing cerebral palsy, which can cause muscle spasms, poor coordination, weakness, speech problems, and cognitive deficits. Many people with cerebral palsy require speech therapy, rehabilitative care, mobility assistance, and other medical care for the rest of their lives. Similarly, nerve damage during delivery that is caused by the misuse of forceps or vacuum extractors can leave children with long-term issues and may even result in paralysis.
Because of the fact that many birth injuries result in long-term medical problems, victims often incur hundreds of thousands or even millions of dollars in medical expenses over the course of their lives. Birth injury settlements or awards should compensate victims for their future losses, so future losses often make up a significant portion of the total compensation received. Even in cases where birth injuries are treatable, the medical expenses associated with treatment can be significant, so anyone who has a child who has suffered a birth injury should speak with a lawyer as soon as possible.
Non-Economic Damages in a Florida Birth Injury Case
Fortunately for victims, Florida also allows individuals who have been hurt by the negligence of others to recover for their noneconomic damages in addition to their economic damages (such as medical expenses or lost income). Examples of noneconomic damages include those for physical and emotional pain and suffering and loss of quality of life, both of which can be significant in birth injury cases. For example, babies who sustain anoxic brain injuries during birth often develop significant cognitive and physical disabilities that prevent them from going to school, working, or even living independently as an adult, all of which can result in decreased quality of life and significant pain and suffering.
What a Birth Injury Attorney in St. Petersburg Can Do for You
In many birth injury cases, hospitals and physicians—or, more accurately, their insurers—admit liability and quickly try to settle birth injury cases by making a settlement offer to the victim. It is important to understand that once you accept a settlement offer, you have given up your right to sue, meaning that any settlement you accept should compensate you for all of your present and future losses.
For this reason, it is highly advisable for birth injury victims and their families to retain a lawyer prior to accepting a settlement offer. Here are some of the specific ways that a lawyer can help to protect your legal rights:
- Investigate your birth injury case and determine whether any evidence of negligence exists
- Evaluate the facts of your case and identify all parties that could potentially be held liable
- Communicate with the insurance company on your behalf, ensuring that you do not say or do anything that could be construed as an admission of fault
- Attempt to negotiate a settlement that adequately compensates you or your child for your losses
- If an adequate settlement agreement is not possible, file a lawsuit on your behalf in the appropriate venue and represent you in court
Of course, the exact ways that a lawyer will help you will depend on the specific facts of your case. At Dolman Law, we will never collect legal fees from you unless we successfully recover compensation on your behalf.
Call the Dolman Law Group Today to Schedule a Free Case Evaluation with a St. Petersburg Birth Injury Attorney
If your child has sustained a birth injury at any point during your pregnancy, labor, or delivery, you should speak with an attorney as soon as possible. At the Dolman Law Group, we take the time to fully evaluate your case to determine whether you may be able to file a legal claim. If we determine that you do have a claim, we will do everything we can to ensure that you and your child obtain the compensation that you deserve. To schedule a free consultation with one of our St. Petersburg birth injury lawyers, call our office today at (727) 222-6922 or send us an email through our .
Attending the prestigious Roy H. Park School of Communications at Ithaca College and earning his Jurist Doctorate from Stetson University College of Law, Mr. Dolman currently focuses on the litigation of catastrophic injury and wrongful death cases—only representing plaintiffs who have been physically injured as a result of the negligence exhibited by an individual or corporation. For his efforts, he has been named a Florida Super Lawyer two years in a row as well as a "Legal Elite Up and Comer" by Florida Trends Magazine.