A newborn’s bones are extremely flexible, so they can pass through the birth canal but are not immune to breaking. A difficult labor or poor handling by medical staff can break an infant’s bones. Our infant broken bone attorneys in Florida can tell you if your baby is owed compensation if this happens.
Not all broken bones are caused by malpractice, but we can get you the answers you need. Talk to the Birth Injury Lawyers Group to learn your legal options. Your baby may need a lot of medical treatment after a broken bone, and we can help you pay for it through a lawsuit.
For a free legal consultation, call 1-800-222-9529
How Do Infants Break Their Bones?
Bones break because of trauma, forces from outside the body that damage internal organs. The example that might come immediately to mind is a doctor dropping your newborn baby. A fall like that can create broken bones.
Another cause is the improper use of forceps. If a baby is stuck in the birth canal, it can seriously endanger the baby and the mother’s lives. However, too much force from using forceps can cause bones to break – usually, greenstick fractures that don’t go through the entire bone.
If a baby is too large and gets stuck, the force of the mother’s contractions can also put pressure on collarbones, upper arms, and upper legs. These are the most common fractures in babies. Doctors should take steps to free a baby before contractions cause bone breakage, including doing emergency C-sections.
Birth Injury Lawyer Near Me 1-800-222-9529
Could My Child Receive Compensation if a Doctor Broke Their Bones?
Absolutely, but the challenge is proving it and proving that a bone break happened because of medical malpractice. Doctors have leeway in how they can practice medicine. The mere presence of a broken bone doesn’t mean that the doctor did something wrong.
For instance, there are birth defects that can cause a baby’s bones to shatter. If a doctor diagnosed the condition and did everything recommended by current medical standards to protect the baby and a bone still got broken, they may not be liable.
One way to find out is to speak with an Infant broken bones attorney in Florida. We have access to medical experts who can confirm how your baby’s bones were broken and whether your medical team acted negligently. To win your case, we need to prove four things:
- Was there a medical relationship between your baby and the defendant?
- Did the defendant violate the standards of care while your baby was under their protection?
- Did that violation create the accident that injured your baby?
- What are the damages that arose out of that accident (e.g., medical bills, lost wages, pain and suffering, etc.)
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How Can an Infant Broken Bones Attorney in Florida Help Me With My Case?
Having an attorney on your side is vital in a malpractice lawsuit. The requirements to file one are strict and require notification of the defendant, a report from a medical expert that supports your case, and paperwork with the Florida courts. And that’s just to get it started!
In addition, a lawyer will help you with things like:
- Getting evidence for your claim
- Giving you legal advice so you don’t do something that could be used against you
- Complying with all paperwork requirements and legal deadlines
- Handling all communications with the defendant, their insurers, and their lawyers
- Proving the four components of negligence we mentioned above
- Negotiating hard with the insurers to get your baby the money they need for their care
- Taking them to court if they refuse to come to a reasonable settlement
Hiring a lawyer is essential to filing any medical malpractice case. These are some of the hardest cases to pursue, so we encourage you to call the Birth Injury Lawyers Group to speak with a qualified lawyer in Florida with experience in broken bone cases. Don’t do it alone.
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I Received a Settlement Offer Before Speaking to a Lawyer. Should I Accept It?
You should never accept a settlement offer or sign anything an insurer gives you before you speak to a lawyer. If you haven’t sought a lawyer’s help and you’re getting a settlement offer, it means that the insurer likely knows their policyholder did something wrong and is trying to rush a quick solution.
Once you accept a settlement offer, you cannot go back and ask for more money if there are other injuries or if the money isn’t enough. It may be possible that you are getting a fair deal the first time, but there’s no way for you to know until you speak with a Florida infant broken bones lawyer.
Remember, the insurance company is in the business of making money. They want to pay as little as they can, and they have armies of lawyers to try to make that happen. Don’t face them without a lawyer on your own side.
Laws About Malpractice Suits in Florida to Know About
For children with birth injuries in Florida, the usual deadline for filing cases is before the child’s eighth birthday. However, it’s better to do it within two years of when the accident happened so there are no questions about the statute of limitations or the statute of repose that could stop your case.
It’s better to contact an attorney as soon as possible after your child has been diagnosed with a broken bone because there are strict rules for filing malpractice cases in Florida. We have to prepare both a notice to the defendant and perform a pre-suit investigation.
Defendants also cannot reject a claim outright. They have to perform their own investigation to show the court that your claims are false. All of this takes time to process, and you have enough to worry about. Let us take care of your lawsuit so you can focus on your family.
Contact an Infant Broken Bones Lawyer in Florida Today
If you suspect a broken bone in your infant, the first thing to do is have a doctor confirm it with medical imaging. The second thing to do is contact the Birth Injury Lawyers Group to speak with an infant broken bones lawyer.
Find out if your child’s bones were broken because of medical malpractice. Contact us by phone or email to request a free case evaluation today.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form