The birth of a child should be a cause for celebration, but a birth injury can lead to lifelong disabilities, medical complications, and astronomical economic impact on a family. When a birth injury occurs in Pasco County, parents of an injured baby need an attorney to help them determine their options for recovery. If your family recently experienced a birth injury, contact Florin Gray Bouzas Owens, LLC today to schedule a free consultation with an experienced Pasco County birth injury lawyer.
Birth injury cases often fall under the purview of medical malpractice law, a complex and nuanced area of law dealing with personal injuries sustained from negligent or incompetent medical professionals. While a medical malpractice lawsuit is functionally identical to a typical personal injury claim, several distinct factors should compel any potential plaintiff to seek the help of an attorney. Typically, a claimant must submit his or her claim to the relevant medical review board with jurisdiction over the defendant in the claim before serving a formal complaint and starting a lawsuit.
The average person with no legal experience or formal training will not have the time, resources, or energy to handle self-representation in a complex medical malpractice lawsuit for a birth injury. This is especially true of a parent caring for an injured or disabled newborn. A self-representing plaintiff would need to arrange for a review of his or her claim before a medical review board before even proceeding with a lawsuit and then contend with strict filing requirements and deadlines within the court system. Failing to meet a deadline, or even a small procedural error could lead to a judge throwing out a claim before it even reaches trial.
An attorney can help navigate the complexities of the court system while building a strong case that supports a client’s birth injury claim. This often involves coordinating with expert witnesses who can testify as to whether a defendant acted acceptably for the standard of care for the plaintiff’s condition. An attorney will also help prove the extent of the plaintiff’s damages and prove the link between those damages and the defendant’s negligence.
A birth injury is any acquired injury a baby sustains prior to, during, or immediately after childbirth. Most birth injuries occur when an attending physician or other care provider fails to meet the standard of care for the patient’s condition. Poor prenatal care, insufficient patient monitoring, excessive force during delivery, and improper application of medications, anesthesia, and surgical instruments are all common causes of birth injuries in the United States.
Depending on the location, type, and severity of a birth injury, the injured newborn could face a lifetime of physical or developmental disability and other complications that significantly impact quality of life. The economic costs of these injuries are astronomical as well; many parents may find they need to stop working to stay home with a disabled child or a child who requires 24-hour in-home medical supervision.
Most severe birth injuries are immediately noticeable while others may not display symptoms for quite a while after birth. For example, a child with cerebral palsy may not show any physical symptoms but will suffer cognitive or developmental delays that become more noticeable as the child grows. Some birth injuries entail more severe symptoms than others, but parents should remain vigilant for any symptoms or issues that appear out of the ordinary.
Finding an attorney may seem like a challenge for some parents struggling after a birth injury, but paying for legal services is often a greater obstacle. Attorneys’ fees are notoriously high, and many potential plaintiffs may believe they cannot afford an attorney even for a solid case and therefore deny themselves the opportunity for recovery.
Florin Gray Bouzas Owens, LLC knows the cost of taking legal action unfortunately deters many potential plaintiffs from securing legal counsel when they need it most. Therefore, we accept all cases on a contingency fee basis. A contingency fee ensures that a plaintiff does not pay any legal fees for a losing case; we only collect legal fees when we win as a percentage of the total case award, and we strive to be as transparent as possible with our billing practices so clients know exactly what to expect concerning their financial obligations.
Filing a medical malpractice lawsuit for a birth injury is a complicated process. Before a plaintiff can file a formal complaint, he or she must submit the matter to a medical review board for review. The board must have jurisdiction over the defendant in the claim and determine that a violation of the standard of care for the patient’s situation occurred before they will approve the claim for a lawsuit.
If your family recently experienced a birth injury, you may want to visit one or more other doctors for their medical opinions before contacting an attorney. Having a professional back up your claim is crucial in any medical malpractice lawsuit, and your attorney will likely contact expert witnesses with medical backgrounds to testify in your case. These professionals can help a judge and jury understand the medical issues surrounding your claim, your child’s potential future complications, and the scope of the economic impact on your family due to the birth injury.
Contact an attorney to help you manage your legal issues, handle insurance claims, and arrange personal affairs during a lawsuit. The attorneys at Florin Gray Bouzas Owens, LLC are currently accepting birth injury cases in Pasco County, so contact our firm today to schedule a free case evaluation with one of our attorneys and find out how our firm can help your family after a birth injury.