When your child suffers an injury at birth, questions about their future can feel immense as you balance medical appointments with the need for answers. If you suspect a medical mistake caused this harm, a Gainesville birth injury lawyer can help you explore your legal options.
The attorneys at Steven A. Bagen & Associates, P.A. have the experience to confront the complexities of these cases and fight for the resources your child needs. We’re here to listen to your story and explain your legal options; call us at (800) 800-2575 for a confidential consultation.
Key Takeaways for Gainesville Birth Injury Lawyer
- A birth injury happens due to a complication during labor or delivery, which may result from medical negligence.
- Some birthing injuries happen to the mother, including uterine ruptures and perineal tears.
- Proving medical negligence requires demonstrating that a healthcare provider’s actions deviated from the accepted standard of care.
- Financial recovery in a birth injury case can cover your child’s lifelong medical treatments, therapies, and special accommodations.
- An attorney with specific experience in birth injury litigation significantly strengthens your ability to pursue a successful claim.
Why Choose Steven A. Bagen & Associates, P.A. for Your Gainesville Birth Injury Lawyer
You need a law firm that understands both the law and the local community you trust. For over four decades, Steven A. Bagen & Associates, P.A. has served families throughout Gainesville and Alachua County. Contact a lawyer today to discuss your case and learn how we can help protect your family’s future.
We connect our deep legal knowledge with a commitment to our neighbors from the Duckpond neighborhood to the growing communities near Tioga Town Center. We stand ready to be your advocate.
A Legacy of Client Advocacy
We have recovered hundreds of millions of dollars for our clients, giving them the means to rebuild their lives. The American Trial Lawyers Association recognizes our firm as a Top 100 personal injury law firm, a testament to our consistent record of success.
When you work with Steven A. Bagen & Associates, P.A., you partner with a team dedicated to securing your family’s well-being.
Recognized Legal Acumen
Our attorneys’ peers and clients affirm our dedication to high-quality legal representation. Super Lawyers recognized our firm for professional achievement, an honor given to fewer than 5% of attorneys in the country.
We arrange every piece of each case we accept with the exact attention to detail that earns these acknowledgments.
Unwavering Support for Your Family
A birth injury affects your entire family, and legal worries add another layer of stress. We seek to lift that burden. We start with our no-fee guarantee, which means you pay us nothing unless we win your case.
Our attorneys offer consultations 24/7 and will meet you where you feel most comfortable, whether that’s in our Gainesville office, over the phone, or at your home near Payne’s Prairie Preserve. Contact Steven A. Bagen & Associates, P.A. today at (800) 800-2575.
Identifying Medical Negligence in a Birth Injury Case
A difficult medical outcome doesn’t automatically mean negligence occurred. For a successful birth injury claim, your legal team must prove that a healthcare provider failed to adhere to the accepted medical standard of care.
This failure represents a breach of their duty to you and your child, and your Gainesville birth injury lawyer must directly link this breach to the resulting injury.
We can arrange a compelling case by looking for evidence of substandard care, such as:
- Lack of Communication: Failures in communication among nurses, doctors, and specialists can lead to critical oversights.
- Inadequate Training: Hospital staff may lack the proper training to handle high-risk delivery scenarios.
- Hospital Protocol Violations: Hospitals establish protocols to protect patients, and a deviation from these rules can constitute negligence.
- Insufficient Staffing: Overworked medical teams in understaffed delivery rooms create a higher risk of preventable errors.
Failure To Monitor Fetal Distress
One of the most common forms of medical negligence involves the failure to detect and react to signs of fetal distress. Fetal heart rate monitors provide a constant stream of data about the baby’s condition. Need a lawyer after a medical mistake during labor or delivery? A Gainesville birth injury attorney can review your case and explain your options.
A competent medical team actively monitors this information and acts quickly when the baby shows signs of a problem, such as a drop in heart rate. Ignoring or misinterpreting these signs can cause preventable harm.
Improper Use of Birth-Assisting Tools
Tools like forceps and vacuum extractors can help with a difficult delivery when a medical professional uses them correctly. In inexperienced or careless hands, however, these instruments can inflict serious trauma.
A doctor may apply too much force or position the tool incorrectly, leading to skull fractures, brain damage, or nerve injuries.
Errors in Cesarean Section Procedures
In some high-risk situations, performing a timely Cesarean section (C-section) can prevent a birth injury. A medical team’s failure to order a necessary C-section promptly may constitute negligence.
Similarly, mistakes made during the C-section surgery itself can cause harm to either the mother or the child. We thoroughly investigate all decisions leading up to and during the delivery.
Common Birth Injuries in Florida
Medical professionals identify various types of birth injuries, many of which carry lifelong consequences for the child. While some birth complications remain unavoidable, others happen directly because of a medical provider’s error. The cost to hire a lawyer for a birth injury case often depends on a contingency fee, meaning you pay nothing upfront and no fees unless compensation is recovered.
Our team has the experience to manage cases involving a wide range of injuries and will clarify the medical details of your situation.
Some common types of birth injuries include:
- Cerebral Palsy: This group of disorders affects movement, muscle tone, and posture, often stemming from brain damage that occurs before or during birth.
- Brachial Plexus Injuries: These injuries impact the network of nerves that sends signals from the spine to the shoulder, arm, and hand, and they can result from excessive pulling on the shoulder during delivery.
- Hypoxic-Ischemic Encephalopathy (HIE): This form of brain damage happens when an infant’s brain doesn’t receive enough oxygen or blood flow for a period of time during birth.
- Spinal Cord Injuries: Trauma to the spinal cord during a difficult delivery can lead to permanent disabilities, including paralysis.
Injuries to the Mother from Medical Malpractice
While a child’s safety is a central focus during delivery, a mother’s health is equally critical. Medical negligence can inflict severe, lasting harm upon the mother, turning a joyous occasion into a traumatic one.
A healthcare provider’s failure to uphold the standard of care can lead to preventable injuries that require extensive medical treatment and change a mother’s life forever.
Examples of maternal injuries resulting from negligence include:
- Mismanaged Preeclampsia: A failure to diagnose and properly manage high blood pressure can lead to seizures, organ damage, or a stroke for the mother.
- Postpartum Hemorrhage: Uncontrolled bleeding after birth can occur if a medical team fails to promptly address issues like a torn uterus or retained placental tissue.
- Uterine Rupture: The negligent administration of labor-inducing drugs can cause the uterus to tear, creating a life-threatening emergency.
- Severe Perineal Tears: Improper use of birth-assisting tools like forceps can cause fourth-degree tears, leading to long-term complications like chronic pain or incontinence.
These injuries can have a devastating impact on a new mother and her family. An experienced Gainesville birth injury lawyer can arrange a thorough investigation to clarify whether a medical error caused this harm.
How a Settlement Can Provide for Your Child’s Future
No amount of money can undo a birth injury, but a financial settlement provides the resources necessary to give your child the best possible quality of life. The compensation from a successful claim addresses the extensive and lifelong costs associated with these injuries. How our lawyers handle these cases involves detailed investigation, collaboration with medical experts, and strong advocacy to secure the compensation your family deserves.
Securing Lifelong Medical Care
Children with significant birth injuries often require a lifetime of medical attention, including routine doctor visits, prescription medications, major surgeries, and specialized medical equipment. A settlement can establish a financial foundation to cover these expenses.
Covering Costs for Therapy and Special Education
Many children with birth injuries benefit greatly from various forms of therapy.
These therapies often include:
- Physical Therapy: This therapy helps children improve their strength, motor skills, and mobility.
- Occupational Therapy: This type of therapy assists children with developing the skills needed for daily living.
- Speech Therapy: Intervention helps children overcome challenges with communication and swallowing.
- Special Education: A settlement may cover the costs of tutors, specialized schools, and adaptive learning tools to support your child’s educational journey.
Compensation for Pain and Suffering
The legal system recognizes that a birth injury causes more than just financial loss. A victim may experience physical pain, emotional distress, and a diminished ability to enjoy life.
While these damages feel impossible to quantify, your attorney will carefully harmonize the facts of your child’s experience into an argument that accounts for their personal human loss.
FAQ for Gainesville Birth Injury Lawyer
How Does a Gainesville Birth Injury Prove a Doctor Was Negligent During Delivery?
To prove negligence, your Gainesville birth injury lawyer must show that the doctor’s actions fell below the accepted standard of professional care. We accomplish this by working with independent medical professionals who review your case files.
These professionals then provide testimony about what a reasonably prudent doctor would have done in a similar situation, which helps us align the evidence into a clear narrative of substandard care.
What Is the Statute of Limitations for a Birth Injury in Florida?
In Florida, a medical malpractice claim generally must be brought within two years from when the injury was discovered (or reasonably should have been discovered). However, there is a statute of repose that bars most claims filed more than four years after the incident, regardless of discovery.
For children injured at birth, the four-year repose period doesn’t run until their eighth birthday. Due to these nuances and strict deadlines, contact a Gainesville birth injury attorney as soon as you suspect medical negligence.
How Do I Know if I Have a Birth Injury Case?
You may have a case if your child suffered an injury and you believe a healthcare provider’s mistake caused it. Signs of potential negligence include a failure to respond to fetal distress, a delayed C-section, or the improper use of delivery tools.
The best way to know for sure is to speak with a birth injury lawyer in Gainesville who can evaluate the facts.
What Are the Signs of Medical Negligence During Childbirth?
Some signs may appear right away, such as a low Apgar score, the need for resuscitation, or seizures in the newborn. Other signs of a potential birth injury may become apparent over time, like a failure to meet developmental milestones, muscle stiffness or floppiness, or difficulty feeding.
If your parental intuition tells you something went wrong during labor and delivery, seeking a legal consultation can help clarify the situation.
How Can a Gainesville Birth Injury Lawyer Help Me Recover Compensation?
A Gainesville birth injury lawyer manages the entire legal process for you, right down to the fight for compensation. An attorney will investigate your claim, gather all necessary medical records and evidence, hire medical professionals to support your case, and negotiate with insurance companies.
If the insurance company won’t offer a fair settlement, your lawyer can file a lawsuit and present your case in court to fight for the compensation your child needs.
Finding Your Path Forward
After a birth injury, your family’s sense of harmony gets disrupted, leaving you with uncertainty about the future. At Steven A. Bagen & Associates, P.A., we help families resolve these profound challenges.
We arrange the complex medical and legal elements of your case into a clear, compelling argument for justice. We’ll clarify your options and empower you with the knowledge to make confident decisions for your child.
Take the first step and let us help you compose a stronger future for your family. Contact a Gainesville birth injury lawyer at Steven A. Bagen & Associates, P.A. for a free consultation at (800) 800-2575.