Sarasota Birth Injury Lawyer

The birth of a child is one of the most memorable and remarkable parts of life for most. However, medical mistakes that cause your baby harm can flip your whole life upside down. While most deliveries occur without issue, injuries caused by negligence are far too common. 

Often, injuries can be minor and heal quickly, but sometimes, they can have life-long consequences. You have the right to pursue a medical malpractice claim if you believe your infant suffered harm because of the healthcare provider’s carelessness. Contact a qualified Sarasota birth injury lawyer to review your case and learn more. 

Birth Injury Causes 

Many factors can contribute to birth injuries. Some of the common causes include: 

• Premature birth 
• Lack of oxygen to the baby during labor and delivery, called asphyxia 
• Gestational diabetes, preeclampsia, infections, and other maternal health conditions 
• Failure to read fetal monitoring data properly and address issues immediately 
• Improper use of medical instruments by a physician during the birth process, such as vacuum extractors or forceps 
• Failure to quickly address signs of fetal distress during labor, such as abnormal heart rates or meconium-stained amniotic fluid

Not every birth injury is preventable. However, with the help of a skilled legal professional, it may be possible to pursue legal action against the liable party when a birth injury occurs because of certified healthcare professional negligence. 

Types of Injuries

Some types of birth injuries that lead to medical malpractice suits include: 

• Cerebral palsy
• Fractured bones 
• Hypoxia from oxygen deprivation
• Brachial plexus and other spinal cord injuries 
• Facial paralysis from pressure during the birthing process 
• Damage of small blood vessels in the eyes, called subconjunctival hemorrhage
• Trauma causes a bleed between the skull and its fibrous covering, called cephalohematoma
• Brain damage causing long-term or permanent disabilities from lack of oxygen or trauma during delivery 

A Sarasota birth injury attorney could investigate to gather the vital documentation and evidence needed to determine the cause and liability. 

Time Limit for Filing Lawsuits

State legislation limits the time people have to file lawsuits for damages caused by healthcare provider negligence. Per the rules of Florida Revised Statutes § 95.11, the plaintiff, with the help of a seasoned birth injury lawyer in Sarasota, must file the case within two years of the day the injuries occurred. 

If the injury is not immediately apparent, the court may grant an extension based on when it was discovered. For those cases, the family has two years from the date they reasonably discovered the infant suffered harm during delivery.  

The Comparative Negligence Rule

Florida adheres to a comparative negligence rule for shared negligence in birth injury claims. That means the court assigns a percentage of fault to each party, which may include the doctor, nurses, and the child’s parents if applicable. Even if those seeking compensation are partly responsible, they can recover damages for the healthcare provider’s liability portion. 

Call a Seasoned Birth Injury Attorney in Sarasota

The aftermath of a birth injury sustained during delivery can feel devastating and confusing. Fortunately, a compassionate and experienced Sarasota birth injury lawyer at Dannheisser Injury Law could take the legal work off your shoulders and help you through the challenging process. 

If your baby suffered harm because of the doctor’s negligence, you have every right to expect them to pay for the damages. Call today and schedule a consultation to review your options.