Medical providers involved with maternal and fetal health have a duty to provide care and minimize harm to their patients. However, instances of negligent behavior can cause significant distress and harm to patients. If this happened to you or a loved one, our Orlando birth injury lawyers want to help you seek maximum compensation for your losses.
For over 45 years, Freidin Brown, P.A. has been a champion for people hurt by medical malpractice. We understand what your family is going through, and we’d like to hold the at-fault parties responsible for the harm done to your child. Don’t wait too long to reach out to our Orlando medical malpractice lawyers—time is of the essence. Call now for a free consultation. Our team is available 24/7.
What Causes Birth Injuries?
Neglect at any stage of pregnancy, labor, or delivery can cause birth injuries. Even neglect after a child is born can be considered a birth injury. The causes of birth injuries stem from the actions, or lack of action, on the part of a medical provider.
Sometimes, providers do not accurately diagnose an issue. They may never find the correct diagnosis, or they may diagnose the issue too late. Other times, a lack of treatment or the incorrect treatment of a health issue is what causes injuries. Even improper use of birth tools can injure babies and mothers.
OB-GYNs, nurses, midwives, imaging technicians, and other professionals are just some of the parties that may hurt your baby. Sometimes, multiple parties could share responsibility for harm.
Common Types of Birth Injuries Our Orlando Attorneys Help With
Birth injuries that could indicate malpractice include:
- Retinopathy of prematurity (ROP)
- Cerebral and Erb’s palsies
- Shoulder dystocia and brachial plexus injuries
- Neonatal hypoxic-ischemic encephalopathy (HIE)
- Head trauma
- Vacuum extraction or forceps injuries due to improper tool use
Even if your child’s injuries are not listed above, our team can review the details of your claim to see if you have a case.
Need Legal Support After a Birth Injury? Talk to an Orlando Birth Injury Attorney for Free!
What Can Freidin Brown, P.A. Do for My Birth Injury Case in Orlando?
When your family is dealing with the effects of negligence after birth, so much of your focus is on helping your child and trying to adapt to your new normal. The idea of hiring an Orlando personal injury lawyer and fighting with an insurance company might feel like too much to handle. Maybe you already have a settlement offer, and you’re considering just taking it so you can get back to caring for your family.
We know this can be overwhelming, but our team is prepared to take on every legal aspect of your case. This means we can:
Assess Your Losses
With a wide range of causes that result in a variety of injuries, birth injury cases can have many forms of economic and non-economic losses. Victims may not understand the full scope of their losses, and even inexperienced injury firms can underestimate the full value of damages.
At Freidin Brown, P.A., our Orlando birth injury attorneys work with a wide variety of experts who can evaluate your damages. This expert insight allows us to pursue a settlement or verdict that addresses all of your losses.
Investigate Your Case
If you work with our lawyers, we get started on your case right away. Our firm hires medical experts who can help us establish that your provider breached the standard of care for your profession, which is essential to pursuing a medical malpractice case.
Our team will also work on collecting various forms of evidence, including medical bills and invoices, witness accounts, medical records, and any other information.
Negotiate Settlements
Insurance companies and the parties they represent do not like to go to court, and they often agree to a settlement offer during negotiations. Our birth injury lawyers will negotiate with these parties on your behalf, working toward a settlement offer that all parties can agree to.
These negotiations can continue throughout the entire legal process and we may be able to settle your case at any time. We will always keep you informed of these discussions and the fairness of any offers.
Provide Court Representation
Sometimes, negotiations are not enough, and we must bring your case to trial. The other party may refuse to negotiate or insist on making inadequate settlement offers.
As your malpractice attorneys, we want the best possible outcome for you, and we’re prepared to go to court to seek it. Our attorneys have conducted over 300 trials in front of juries, with many cases against major Florida hospitals and their insurance providers.
Manage Legal Complexities
Medical malpractice claims are not something that just any personal injury firm can handle. There are many potential difficulties that less experienced firms may not account for. The wrong firm may not be able to negotiate for all the compensation you need, and their efforts can even leave you empty-handed.
With over four and a half decades in medical malpractice law, our team has an in-depth understanding of filing lawsuits, managing pretrial requirements, navigating tort law, and meeting strict deadlines.
Provide Personalized Legal Representation
In our time practicing injury law, we have seen law firms automate their processes and overload their lawyers with cases. This means injury victims feel like just another number, and the firm never gets to know their clients.
We believe in getting results, but we also believe in getting to know the members of our community. Our firm carefully selects cases, making sure our lawyers are able to devote their time and efforts to your case. We always have at least two lawyers overseeing strategy sessions during your case’s development, so you know that we are taking a comprehensive and effective approach.
Call Freidin Brown, P.A. today for a free consultation about your Orlando birth injury claim.
We Help Families Who Suffered Medical Malpractice
Questions for Our Orlando Malpractice Attorneys
What Damages Can I Seek for a Birth Injury?
The losses from birth injury malpractice are extensive. No two cases are alike, so you may have damages listed below. Some of the most common losses and expenses we help seek compensation for include:
- Medical Expenses: These include current and future costs of medical care, such as surgeries, hospital stays, medications, and assistive devices. We can also pursue expenses for physical therapy, occupational therapy, or speech therapy.
- Long-Term Care Costs: Damages can include the costs of necessary ongoing care, such as in-home care or specialized facilities. We can also address potential educational needs and expenses your child may require.
- Lost Earning Capacity: If the injury affects your child’s ability to work in the future, compensation for lost potential earnings may be pursued.
- Emotional Damages: We can seek compensation for your child’s physical pain and emotional distress, as well as the emotional anguish experienced by parents.
- Loss of Enjoyment of Life: Damages may address the child’s inability to enjoy normal life activities due to the injury.
- Travel and Lodging Expenses: Families may recover costs incurred for traveling to and staying near medical treatment facilities.
- Home Modifications and Specialized Equipment: Damages can cover expenses for making the home accessible or for addressing your child’s medical needs.
When your family’s financial, physical, and emotional well-being are at risk, you deserve a firm that is extremely qualified to identify and pursue the full extent of your losses.
When Should I Get a Birth Injury Lawyer?
The sooner you can seek the help of our firm, the better. Birth injury lawsuits are subject to the civil statute of limitations established in Florida Statutes § 95.11. This means you have a limited time to sue for damages.
Many circumstances, including the age of the victim, can affect this time limit. If you wait too long, your family may not be able to seek compensation from the medical provider or the hospital that hurt your baby.
Do I Have a Birth Injury Case?
Medical malpractice claims, including birth injury claims, are more than just a negative outcome or a provider error. Our lawyers must establish that your case meets the four elements of a malpractice claim:
- Standard of Care: Our lawyers work with experts to establish the baseline of care expected of providers in similar circumstances.
- Breach of the Standard of Care: Our team then shows that the provider’s care failed to live up to the standard.
- Causation: Showing a breach of the standard is not enough. We must also demonstrate that the provider’s actions directly hurt your child.
- Damages: Another important factor in a malpractice claim is proving that your child has losses associated with this incident.
These elements take careful investigation and a nuanced understanding of malpractice law and standards, and our team has extensive experience in this matter.
The Doctor Says I’m At Fault for My Baby’s Injuries. Can I Still Seek Damages?
Medical professionals may try to blame parents for contributing to the circumstances that caused their baby’s harm. For example, they may say that you failed to make a follow-up appointment and that this delay in seeking care is the reason your child is suffering.
This is an attempt to avoid blame and reduce or deny you just compensation, and our team is prepared to protect your family. We will not let providers, hospitals, and insurance representatives frighten you into accepting responsibility for their negligence.
Find Now Help When You Call an Orlando Birth Injury Attorney With Our Firm
What should be a happy time for families quickly becomes a nightmare, and we’re determined to help injured parties fight back. If you suspect medical malpractice caused birth injuries, call Freidin Brown, P.A. today.
Our Orlando birth injury attorneys can meet with you by phone or over Zoom. You can also visit us at our Miami and Fort Myers office locations if that is convenient for you. We are ready to help you now.