Birth asphyxia, also known as perinatal asphyxia or neonatal asphyxia, is an extremely serious condition that can cause brain damage in a baby. Paying for the costs of caring for a baby with this disorder starts with speaking with a Florida birth asphyxia attorney.
Birth Injury Lawyers Group will help you learn why your child suffered from birth asphyxia and tell you if your doctor could have prevented it. If your medical team missed something that harmed your baby, then you and your baby deserve justice and we’ll help you get it.
For a free legal consultation, call 1-800-222-9529
Consequences of Birth Asphyxia
Birth asphyxia happens when your baby doesn’t get enough oxygen. The most common organ damaged by this condition is the brain, but any organ could get harmed if it goes without oxygen for too long. Also, oxygen doesn’t have to be completely cut off to cause harm.
Many of the cases we’ve seen leave babies with conditions like cerebral palsy, cognitive deficits, epilepsy, and similar conditions. Physical, intellectual, and developmental delays are all possible. The exact consequences depend on which parts of the brain get injured and how badly.
Unfortunately, most times, the conditions caused by birth asphyxia are lifelong and need constant medical care. This care is expensive and your insurance may not cover it for long. That’s why you need to speak with our attorneys to see if you have other options.
Florida Birth Asphyxia Lawyer Near Me 1-800-222-9529
Causes of Birth Asphyxia
Winning a malpractice suit requires evidence of the facts, so knowing the cause of your child’s birth asphyxia will be crucial to your case. There are a surprising number of things that can cause birth asphyxia, and a doctor can detect many before they cause damage.
- Placental abruption
- Umbilical cord compression
- Long labor (over 14 hours)
- Heart or blood pressure problems
- Lung problems
- Anesthesia issues
- Incorrect use of birth assistance devices
- Failure to perform an emergency C-section
Not all cases of birth asphyxia are caused by a medical error. However, once they discover it then your medical team must take swift action. If they fail to notice it, then you can sue for malpractice.
They can detect birth asphyxia through tests like the APGAR test, fetal monitoring, and other procedures. You may be eligible for compensation if these procedures weren’t done or done incorrectly. Find out if your doctors made a mistake in your baby’s care by speaking with a birth asphyxia attorney in Florida.
How Much Could I Get for My Child’s Birth Asphyxia Case?
Since there are so many ways birth asphyxia can affect a child, it’s impossible to give a solid estimate without a thorough medical examination, case research, and speaking to you about how your baby’s injuries will affect your family.
However, we can tell you that many birth asphyxia cases with serious brain damage can reach compensation levels in the 6 or even 7-figure range. The costs of caring for a child with brain damage are much higher than most parents realize.
If an insurer approaches you about what happened with a sizable settlement offer, don’t take it before speaking with a lawyer. It may seem more than enough, but until you’ve worked with us, then you may be leaving money on the table, and that could put your child at risk after the settlement runs out.
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How Will You Help Me Win My Case?
Birth Injury Lawyers Group will connect you with a qualified Florida birth injury attorney to help you with your case. We will listen to your story, perform an investigation, and speak with our medical experts to see if your case qualifies as malpractice.
If it does, then we will build your claim and approach your medical provider’s insurance with it to fight for what you’re owed. While we work on your case, we handle all communications and give you regular updates about the progress of your case.
If they refuse to come to a fair settlement, our lawyers will take the insurer to court to let a judge and jury decide the matter. We are no strangers to the courtroom, and we know the insurers will try to fight hard because of the expense of these cases. We’ll fight back harder to get you the most compensation possible.
Are There Caps on Compensation in Florida?
In the past, there were caps on the amount of non-economic damages victims of malpractice could receive. However, a case in 2017 before the Florida Supreme Court struck down those limits in N. Broward Hosp. Dist. v. Kalitan.
This means that there are no limits to how much your child could receive for their birth asphyxia case. However, like all damages, we have to prove them and negotiate their value to the insurer or the court. That’s one of our major tasks as your birth asphyxia lawyers in Florida.
In the future, the laws about compensation and medical malpractice may change, so speak with us if you have concerns about caps on your potential compensation in your case.
What if I Can’t Afford a Birth Asphyxia Attorney?
This may be less of a worry than you think. Our attorneys work on contingency so you will owe us nothing if you lose. Also, you will owe us nothing while we work on your case. Anyone of any means can begin work with one of our attorneys.
We may ask you to take your child in for examinations to help our medical experts determine what happened. Your health insurance should cover these costs and they will be added to your settlement claim.
If you settle or prevail in court, your attorney will take a reasonable percentage of the settlement as their fee. They will discuss their fee with you during your consultation, and you should be clear about what it is and agree with the rate before choosing your lawyer. Ask them to justify their rate and how much more you’ll get with their help even after they take their fee.
Call our Birth Asphyxia Attorneys in Florida Now
The stress of seeing your child unable to breathe is bad enough. Don’t pay for the costs for your baby’s care if someone else caused their birth asphyxia. Learn your legal options by calling our birth asphyxia attorneys for a free consultation.
Call the number on your screen or email us for a free case evaluation. The sooner you speak with us, the sooner you’ll get answers about what to do next.