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We Represent Families Affected By Birth Injuries

A birth injury lawyer from our firm can help your child

Nothing compares to the birth of a child as a moment of pure joy and hope for your family. Unfortunately, for some families, that moment becomes a sad one when the newborn sustains an injury. Birth injuries are some of the most painful cases of medical malpractice we see because the victim's entire life may be changed forever.

If your child's injury was caused by medical negligence, Gonzalez & Cartwright, P.A. can help. Our birth injury attorneys are dedicated to helping families move forward and holding negligent medical providers accountable. We have the experience, resources and dedication needed to handle these complex cases and fight for the compensation your family needs to keep moving forward.

How medical malpractice leads to birth injuries

Historically, the birth of a child was a very dangerous moment for both the mother and the child. Those dangers still exist, but medical providers have extensive training and should be able to reduce those risks. However, when a provider fails to follow established standards of care, the risk of injury is high.

  • Improper use of forceps. While forceps may look like a somewhat dangerous tool, in the hands of a competent medical provider, they are a safe and effective way to help the child along. However, a provider who does not use forceps properly can cause nerve damage in the neck or chest or trauma to the head.
  • Improper use of vacuums. Like forceps, vacuums are sometimes used to guide the child through the birth canal. Improperly placing a vacuum can cause significant injury to the newborn or the mother.
  • It's quite common during childbirth for the child's brain to not receive enough oxygen, usually because the umbilical cord is tangled or the placenta is damaged. Medical providers have the tools and training needed to detect hypoxia events well in advance, and they need to use those tools effectively.
  • Waiting to order a C-section. Emergency Caesarian sections are fairly rare, but there are certain circumstances, such as sudden drops in blood pressure or placental abruptions, where they are the standard of care. A delay in ordering an emergency C-section can cause serious injury to the mother and child.

Some of the most common birth injuries we see include:

  • Cerebral palsy
  • Erb's palsy
  • Trauma to the newborn's head or brain
  • Brachial plexus
  • Klumpke's palsy
  • Clavicle fracture
  • Shoulder dystocia
  • Facial paralysis
  • Torticollis

Depending on the type of injury, your child may need medical care and other services for the rest of his or her life. Those costs can be substantial - and your family will need full and fair compensation in order to give your child the quality of life he or she deserves.

Legal rights for victims of birth injuries

Under Florida law, most victims of medical malpractice have two years to file a lawsuit against the negligent care provider - this is shorter than the four-year statute of limitations for general personal injury cases. However, the law provides additional time for victims who are under the age of eight, including newborns. You have until your child's eighth birthday to take legal action.

While eight years may seem like a long time, it's imperative that you contact an experienced attorney as soon as possible. Building a strong legal case against a medical provider is not easy. We will need to conduct extensive research and investigation into the causes of your child's injury, and we may need to retain outside experts to determine the effect the injury has had on your child's future. The sooner we can get to work on your case, the better.

That's why we strongly encourage you to call our bilingual attorneys at (800) 608-2965. There's no cost and no obligation - we just want you to be aware of your legal rights and options. Schedule your free consultation today.