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Birth Injuries, Part 2: Steps to Take If You Suspect Your Child is the Victim of a Birth Injury

Discovering that your baby may have suffered from a birth injury is one of the most devastating situations a parent can face. The intense combination of anger, sadness, fear, and grief quickly turns a celebratory life milestone into a crisis. If you are facing this situation, you may not be sure where to turn for help.

If you suspect your child experienced a birth injury, the first step is to contact an attorney that is highly experienced in medical malpractice and birth injury cases, like ECanter Lawyers in Boca Raton. If you have not already done so, your attorney will likely recommend that you seek a medical opinion from a doctor and/or facility that is unaffiliated with the provider that you believe caused the birth injury.

Your attorney will perform an initial review your baby’s birth and medical records to determine if there is a strong enough case to take legal action. To build a legal case, your attorney will need evidence to prove that your medical provider did not provide you (or the baby) with the accepted standard of care and due to this negligence, your baby suffered a birth injury. You will also need to show the harm that the birth injury has caused to the baby. Your attorney will likely need to consult with medical experts in building your case. Florida birth injury cases have a two-year statute of limitations, so it’s important to reach out to a medical malpractice attorney as soon as you suspect a birth injury to prevent the clock from running out.

Your attorney will also build a case to show the financial impact that the birth injury will have on your family, both now and in the future. This will form the basis of the amount of compensation that your attorney will seek on your behalf. Your attorney will consider the following:

• Medical expenses – both current ones and anticipated future ones, such as medications, surgeries, physical therapy, hospital bills, and any specialized equipment that your baby will need moving forward.
• Education needs – if your child will need to attend special education programs due to their birth injury.
• Earning capacity – if you or your spouse will need to leave their job or scale back to part-time to care for your child. Additionally, they will also consider if your child will not be able to hold a full-time job when they grow up.
• Quality of life – if your child will have a reduced quality of life due to physical or mental disabilities.
• Familial pain and suffering – if you or your spouse suffer from psychological trauma as a result of the birth injury.

ECanter Lawyers, based in Boca Raton, are experts in helping the families of birth injury victims secure compensation or their injuries. Call us day or night to schedule an appointment. We are parents too and will fight for you to receive your rightful compensation for your child.