Jacksonville Birth Injury Lawyer Committed to Relentlessly Pursuing Justice

Jacksonville Birth Injury Attorneys

Has Your Child Suffered a Birth Injury?

Making the decision to expand your family can be a magical and exciting time for parents. A critical step to preparing for the birth of an unborn child is enlisting trusted guidance and treatment from a qualified medical team to administer safe care and protect the well-being of both mother and baby.

Unfortunately, medical professionals aren’t immune to mistakes. Negligent errors by healthcare providers during pregnancy and childbirth can jeopardize the lives of the baby and mother-to-be, resulting in a wide range of birth injuries. If you or your child suffered a birth injury due to negligence during pregnancy or childbirth, our compassionate birth injury lawyers in Jacksonville, FL can help you pursue justice for the unimaginable hardships you’ve suffered.

At Edwards & Ragatz, P.A., our caring Jacksonville attorneys have a longstanding reputation for securing top national verdicts and extraordinary results for our clients. With extensive knowledge in many complex legal areas, including medical malpractice and personal injury law, you can trust us to represent your best interests while working to maximize the value of your birth injury claim. When you partner with our firm, we’ll work tirelessly to hold all liable parties accountable, allowing you to focus on healing.

If you were harmed by negligence during childbirth, turn to a firm with a history of record-setting verdicts. Call (904) 295-1050 to schedule a free consultation with our Jacksonville birth injury lawyers.

What is a Birth Injury?

A birth injury refers to any physical harm or trauma that a baby sustains during the process of childbirth, often resulting from complications during labor or delivery. These injuries can range from minor and temporary issues, such as bruising or swelling, to more serious and permanent conditions.

Common types of birth injuries resulting from medical negligence include:

Hypoxic-Ischemic Encephalopathy: A type of brain damage that occurs when a newborn baby's brain doesn't get enough oxygen. This can happen during labor and delivery, or even before birth. Symptoms of HIE can include seizures, poor muscle tone, difficulty breathing, and a decreased level of consciousness. In severe cases, HIE can lead to long-term disabilities, such as cerebral palsy or developmental delays.
Erb’s palsy: Also known as Erb-Duchenne paralysis, Erb’s palsy causes nerve damage to tissue connecting the arm and shoulder. This birth injury can result from medical negligence due to improper pressure or pulling on the baby’s shoulders, head, or neck during delivery.
Cerebral palsy: This movement disorder entails brain damage due to excessive force or pulling during childbirth and other forms of medical negligence, such as failure to detect and treat fetal distress or maternal infections.
Shoulder dystocia: This complication occurs when the baby’s shoulder becomes stuck behind the mother's pelvic bone, leading to nerve damage and other birth injuries.
Kernicterus: This birth injury entails brain damage due to high levels of bilirubin in the newborn's blood, a condition commonly caused by untreated jaundice.
Spinal cord injuries: These injuries can occur from excessive force during delivery, resulting in partial or complete paralysis.
Periventricular leukomalacia (PVL): PVL is a common brain injury in premature babies. When medical negligence or malpractice occurs during delivery, the infant may suffer blood vessel damage and insufficient oxygen to the brain, resulting in this condition.
Brachial Plexus Injury: Damage to the network of nerves in the shoulder, often caused by excessive pulling or force during delivery.
Caput Succedaneum: A soft, swollen area on the baby's head, often caused by pressure during delivery.
Cephalohematoma: A collection of blood between the skull bone and the periosteum, often caused by pressure or trauma during delivery.
Forceps Injury: Injuries to the baby's head or face, often caused by the use of forceps during delivery.
Intrauterine Asphyxia: Lack of oxygen to the baby before or during birth.
Torticollis: A condition in which the baby's neck is tilted to one side, often caused by birth trauma or muscle injury.
Vacuum Extraction Injury: Injuries to the baby's head or scalp, often caused by the use of a vacuum extractor during delivery.
C-Section Errors: Mistakes during a cesarean section, such as surgical errors, anesthesia errors, or failure to properly monitor the baby.

Birth injuries can occur due to natural delivery difficulties, the baby's size or position, prolonged labor, or the improper use of medical tools like forceps or vacuum extractors. In some cases, medical negligence or failure to respond appropriately to signs of fetal distress may contribute to the injury.

When Can Medical Negligence Cause Birth Injuries?

During pregnancy and childbirth, medical malpractice can result in preventable harm to mothers and their babies. While not every birth injury is caused by negligence on the part of healthcare providers, it’s crucial for parents and families to understand the warning signs and take swift legal action if they suspect harm due to medical negligence.

Early detection and swift action are vital in cases of potential birth injuries. Parents should remain vigilant about the care their medical team provides and be proactive if they notice unusual signs. Some signs of concern may include decreased fetal movements, excessive bleeding, or prolonged labor—factors that should prompt immediate discussions with medical professionals. Understanding these warning signs and seeking immediate legal advice can significantly impact the viability and success of a birth injury claim.

Common types of medical negligence that may result in birth injuries include:

Failure to monitor fetal distress
Use of excessive force during delivery
Improper use of forceps and other instruments
Administering incorrect medications or dosages
Delayed interventions and failure to detect or treat

If you or your child suffered a birth injury due to malpractice by healthcare providers during pregnancy or delivery, turn to our compassionate Jacksonville birth injury lawyers to relentlessly pursue justice on your behalf. With a history of record-breaking medical malpractice verdicts and decades of legal experience, our attorneys can aggressively protect your rights while advocating for the fair compensation you deserve.

Seeking Compensation in a Birth Injury Claim in Jacksonville, FL

Recovering fair compensation in a birth injury lawsuit can be challenging and complex, especially given the legal intricacies of Florida law. Parents must account for immediate medical expenses and consider the long-term costs associated with ongoing treatment, special education needs, and potential modifications to accommodate a child’s condition. Legal guidance ensures that all these factors are considered when seeking compensation.

In a successful birth injury lawsuit in Florida, you may be able to recover various types of damages to compensate for the harm caused to your child:

Economic Damages

Past and Future Medical Expenses: This includes costs related to hospital stays, surgeries, medications, therapy, medical equipment, and ongoing care.
Lost Wages: While this is less common in child injury cases, it may be applicable in certain situations, such as if the child's injury prevents them from working in the future.
Loss of Earning Capacity: This includes the potential loss of future income due to the child's disability.
Caregiver Costs: If you or a family member must provide care for your child, you may be able to recover the costs of lost wages or the cost of hiring a caregiver.

Non-Economic Damages

Pain and Suffering: This compensates for the physical and emotional pain and suffering experienced by your child.
Mental Anguish: This compensates for the emotional distress experienced by your child and family members.
Loss of Enjoyment of Life: This compensates for the loss of the ability to participate in activities and enjoy life.

Punitive Damages

These damages are only awarded in rare cases involving extreme negligence or malice. Unlike other damage types, punitive damages are meant to punish the defendant rather than compensate the victim.

Under state law, damages awarded in any medical malpractice claim are subject to certain limitations. While there is no cap on economic damages in birth injury cases, Florida does have a cap on non-economic damages (pain and suffering, mental anguish, and loss of enjoyment of life).

Under Florida Statutes §766.118, practitioners cannot be liable for non-economic damages exceeding $500,000. This limit may be increased to $1,000,000 if the negligence resulted in the patient's death or a permanent vegetative state. Fortunately, our firm has extensive knowledge of these legal nuances to guide your steps wisely and pursue the fair compensation you deserve.

Recovering fair compensation in a birth injury lawsuit can be challenging and complex, especially given the legal intricacies of Florida law. Our birth injury lawyers in Jacksonville, FL, can examine all types of potentially recoverable damages to maximize the compensation available to you.

With over $10 million recovered for the wrongfully injured, you can trust our tenacious attorneys to pursue justice after a birth injury. Contact us online or call (904) 295-1050 to discuss your case with our Jacksonville birth injury team.

Frequently Asked Questions About Jacksonville Birth Injuries

What Constitutes a Birth Injury in Legal Terms?

A birth injury is legally defined as any harm occurring to an infant during the birthing process. Often, this is due to negligent medical practices or failure to act by healthcare providers during delivery. Key factors include deviations from standard care protocols, such as inadequate monitoring of fetal distress or improper handling of labor complications. These legal definitions are crucial as they dictate the type of evidence needed to support a claim and illustrate negligence. A birth injury could result in lifelong conditions like cerebral palsy, necessitating considerable future care and justifying the pursuit of substantial damages for the affected family.

Why Are Birth Injuries So Prevalent?

Birth injuries remain a significant concern due to various medical and logistical challenges inherent in childbirth. Factors such as increased maternal age, preexisting health conditions, and multiple gestations can elevate the risk of complications. Furthermore, inadequate staffing or inexperienced medical personnel can exacerbate these risks, particularly in busy healthcare settings. With rapid advancements in medical procedures, it's vital for healthcare teams to remain up-to-date with training and best practices to effectively mitigate these risks. Addressing these operational challenges is essential in reducing the incidence of birth injuries, making diligent legal advocacy critical for affected families.

How Do I Know If My Child's Condition Was Caused by a Birth Injury?

Diagnosing whether a child's condition stems from a birth injury often involves a mix of medical inquiry and legal assessment. Parents should first seek comprehensive medical evaluations from pediatric specialists to determine possible connections between the condition and birth-related factors. Subsequent legal consultation can then help establish if there were deviations from standard medical practices during delivery. Our attorneys work closely with medical experts to scrutinize medical records, delivery methods, and procedural protocols to uncover signs of negligence, ensuring a well-rounded case assessment that aligns with the family's long-term needs.

What Should I Do If I Suspect a Birth Injury?

Families suspecting a birth injury should take prompt action by first securing a detailed medical evaluation. This background knowledge is pivotal for understanding the scope of any potential complications and the required treatment trajectory. Legal advice should also be sought as swiftly as possible. Early consultation with our firm can facilitate critical evidence gathering and ensure that families have the necessary legal grounding. Consequently, parents can make informed decisions about proceeding with their claim, thus enhancing their pursuit of fair compensation and illustrating proactive care.

How Can Jacksonville Resources Assist My Family?

Jacksonville provides a wealth of resources tailored to assist families dealing with birth injuries. Programs like the Early Steps Program ensure young children receive the developmental support they might require, while the Children's Medical Services offers specialized healthcare for children with complex conditions. Additionally, community organizations offer sessions to discuss coping strategies and financial assistance options, ensuring families face these challenges with a robust support network. Combining legal action with these resources holistically supports your family’s journey towards healing and compensation.

Why Choose Edwards & Ragatz, P.A.?

Our nationally acclaimed lawyers at Edwards & Ragatz, P.A. have a track record of record-setting settlements, including the largest medical malpractice verdict in the country. Our seasoned advocates can thoroughly investigate your claim, fortify your case with relevant evidence, and negotiate effectively on your behalf. If your child suffered a birth injury due to medical negligence, look no further than our experienced attorneys to secure reliable representation and pursue the compensation you are rightfully entitled to.

At Edwards & Ragatz, P.A., we assist with:

Determining the cause of the birth injury: Our Jacksonville birth injury lawyers can evaluate your case to identify the reason for the birth injury and establish negligence as the proximate cause to hold offending healthcare providers accountable.
Valuating damages: Our firm can carefully valuate available damages to the fullest extent to ensure you’re compensated fairly.
Accessing needed resources: With decades of experience, our nationally acclaimed attorneys have access to a vast network of resources and professional connections to prepare your claim for success, from arranging expert testimonies to consulting medical specialists.
Negotiating effectively: We can hold evasive insurance companies and healthcare entities accountable for their actions, preventing them from taking advantage of clients by employing deceitful tactics or strategies.

Our Jacksonville birth injury attorneys can provide the compassionate counsel you need to hold negligent providers accountable and recover damages.

Contact our dedicated team of birth injury attorneys in Jacksonville today at (904) 295-1050 for a free and confidential consultation. We are committed to relentlessly pursuing your justice.

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Jacksonville Birth Injury FAQ

How Will You Determine Who Is Liable for My Child’s Birth Injury?
Determining liability in a birth injury case involves a complex legal process. Our birth injury attorneys will investigate your child's case to identify potential parties responsible. Here are some factors we consider:
1. Medical Negligence:
- Deviation from Standard of Care: Did the healthcare provider(s) fail to meet the standard of care expected of a reasonably prudent medical professional in similar circumstances?
- Causation: Did the provider's negligence directly cause your child's injury?
2. Potential Parties:
- Physicians: Obstetricians, neonatologists, and other medical specialists
- Hospitals and Clinics: The facility where the birth occurred
- Nurses and Midwives: Healthcare professionals involved in the delivery process
3. Investigative Process:
- Reviewing Medical Records: Analyzing birth records, lab results, and treatment plans
- Consulting Medical Experts: Obtaining expert opinions on the standard of care and causation
- Gathering Evidence: Collecting witness statements, photographs, and other relevant documents
- Building a Strong Case: Presenting a compelling legal argument to hold the responsible parties accountable
Is There a Deadline for Filing a Birth Injury Lawsuit in Florida?
Yes, there is a deadline for filing a birth injury lawsuit in Florida.
Florida has a statute of limitations, which sets a time limit for filing a lawsuit. For birth injury cases, there are a few key deadlines to be aware of:
1. Two-Year Statute of Limitations:
- Generally, you have two years from the date of the injury or the date you discovered (or should have discovered) the injury to file a lawsuit.
2. Tony's Law:
- This law extends the deadline for certain birth injury cases to the child's eighth birthday. However, this law has specific requirements and may not apply to all cases.
How Will You Calculate the Future Costs of My Child’s Medical Care and Therapy?
To accurately calculate the future costs of your child's medical care and therapy, we'll employ a multi-faceted approach that involves:
1. Medical Expert Testimony:
- We'll consult with medical experts specializing in your child's specific condition.
- These experts will assess your child's current needs and project their future medical requirements.
- They'll consider factors like the severity of the injury, the likelihood of complications, and the potential need for ongoing treatments.
2. Economic Expert Testimony:
- An economic expert will analyze the projected medical costs, including:
  - Hospitalizations
  - Surgeries
  - Medications
  - Therapy (physical, occupational, speech)
  - Assistive devices
  - In-home care
  - Specialized education
  - Transportation costs
3. Life Expectancy Calculations:
- We'll consider your child's life expectancy, their specific condition, and general life expectancy tables.
4. Inflation and Interest Rates:
- We'll account for future inflation and interest rates to ensure the award sufficiently covers future costs.
5. Contingency Planning:
- We'll consider potential future medical advancements and unexpected needs to ensure that the award is adequate.

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With more than 150+ years of combined legal experience, we have taken on multiple million-dollar corporations and received recoveries through the relentless pursuit of justice.

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