The birth of a child should be a cause for celebration, but a birth injury can lead to lifelong disabilities, medical complications, and an astronomical economic impact on a family. When a birth injury occurs in Tampa, 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 Tampa birth injury lawyer.

Why Choose Florin Gray Bouzas Owens, LLC?

• Florin Gray Bouzas Owens, LLC, is a boutique law firm focused on personal injury, employee rights, and government fraud cases.
• Our firm has a solid reputation for legal professionalism, and we regularly receive referrals from attorneys who work opposite our firm.
• We believe in personalized representation for every client and have the resources and dedication to confront the toughest opponents in the courtroom.
• We offer free consultations to new clients so they can know their legal rights and the possible outcome of a claim before agreeing to any financial commitment.

Why Do You Need a Tampa Attorney for a Birth Injury Case?

Birth injury cases in Tampa 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 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.

What is a ‘Birth Injury’ in Tampa?

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. Inadequate 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 the 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.

Common Birth Injuries in Tampa

• C-Section injury – This can happen if a doctor fails to account for unique medical factors in play or performs a procedure negligently.
• Zofran birth injuries – Zofran is a prescription drug used to treat severe nausea during the initial stages of pregnancy. Still, it carries a high risk of injury to both mother and child and a high likelihood of resulting in birth defects.
• Erb’s Palsy – Any torsion or injury to the brachial plexus nerves can cause nerve damage in the upper arms, leading to poor coordination, limited muscle growth, and limited range of motion in the affected limb.
• Brain damage – Oxygen deprivation and physical trauma may cause brain injuries, which in turn lead to cerebral palsy and a host of other possible medical complications.
• Failure to properly monitor a mother’s vital signs during pregnancy and delivery can cause this potentially fatal condition.
• Cephalohematoma injury – Improper use of vacuum extraction tubes or forceps can injure an infant’s head, causing severe bruising.
• Shoulder dystocia. The shoulders are the widest parts of the baby’s body and may sustain injuries if a doctor uses excessive force during delivery or fails to recognize the need for a C-Section procedure.
• Cerebral palsy – This condition is the result of brain damage and can entail a host of possible symptoms, co-occurring disorders, and various developmental delays.
• Brachial plexus injury – The brachial plexus is the cluster of nerves running through the neck and collarbone area, connecting the spinal cord to the arms. Any injury can cause Erb’s palsy or movement complications in the future.
• Lack of oxygen. Attending caregivers must ensure mother and child have an adequate oxygen supply throughout pregnancy and delivery. Even slight oxygen deprivation can result in brain damage.
• Nerve damage and paralysis – Physical injuries and damage to the brain or spinal cord can potentially lead to nerve damage and/or paralysis of varying degrees.
• Wrongful birth – If an attending physician fails to inform expecting parents of a serious abnormality or congenitally diseased fetus that will experience severe disability after birth, this could constitute grounds for a lawsuit. Especially if the parents would have terminated the pregnancy to spare the child from a life of suffering. This would be an informed consent violation.

What Are Early Warning Signs of Tampa Birth Injuries?

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 signs 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.

• Excessive fussiness. Some newborns are naturally fussier than others, but a child who cannot calm down or refuses to nurse could be struggling with an imperceptible birth injury.
• Difficulty eating. Any problems with nursing or feeding, in general, should be a major red flag for parents, and they should investigate these issues immediately.
• Unresponsive when awake. Many babies will spend most of their days sleeping in their first months, but an infant should still be alert and active while awake. An infant who appears lethargic, unresponsive to external stimuli, or who does not noticeably respond to parents’ interactions may have sustained brain damage or another type of birth injury.
• Seizures. Some children naturally have seizure disorders, but some result from birth injuries and can be life-threatening during the first years of life.
• Musculoskeletal irregularities. If a newborn appears to favor one side of his or her body or appears to have trouble moving one or more limbs, this could indicate a developmental issue, soft tissue injury, or a musculoskeletal problem interfering with proper movement and coordination.
• Developmental delays. Every child develops differently, even under ideal circumstances, but every child should reach some general development milestones within a certain time period. Children who display delays in motor skill, communication, or social development after the age of one may have experienced birth injuries.

How Much Does a Birth Injury Attorney Charge in Tampa?

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 what to expect concerning their financial obligations.

What to Do If You Suspect Your Child Suffered a Birth Injury

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 accepting birth injury cases now. Please 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.