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Birth Injury

Birth Injury Lawyer in Orlando, FL

Having a baby is already an emotionally and physically exhausting challenge. It requires months and months of hard work, medical care, evaluations, and the eventual birth. This should be a beautiful, rewarding experience. Unfortunately, there is always the possibility that something could go wrong. If a mother and/or baby sustains an injury related to the birth, and the conduct of some other person may have played a part, there is a potential birth injury claim against that person.

Birth injury claims are medical malpractice matters. These matters are extraordinarily complex medical-legal claims, requiring the input of numerous individuals and experts. If you believe you have a potential birth injury claim, the first step is finding and consulting with the right attorney.

Personal Injury Attorneys Handle Birth Injury Cases

A personal injury lawyer can advise you on your rights and fight for you and your family, should you proceed with legal action. It is essential, however, to find a personal injury attorney with experience in medical malpractice claims. Cases within medical malpractice run the gamut from wrongful diagnosis of certain conditions to botched surgeries. Therefore, it is highly advisable that you find a personal injury lawyer with specific experience in birth injury matters.

Meeting with an Experienced Florida Personal Injury Lawyer

During your first meeting with an attorney, you will discuss the facts of the case. You will discuss what happened, when it happened, who was involved, and more. You likely will be asked if you have any medical records or other documentation of what happened. It can be an emotionally draining experience to relive the event, particularly if it was a devastating injury that resulted in disability or death.

Nonetheless, an experienced and compassionate lawyer will be able to guide you through this difficult analysis. You will be advised on whether you may have a potential claim or not and the reasons for this conclusion. If you do have a viable claim, then you can decide if you want to pursue legal action or not.

Proving a Birth Injury Claim in Florida

Again, birth injury claims are medical malpractice lawsuits. These lawsuits are negligence actions, which means you have to prove all of the elements of negligence in a birth injury matter. The elements in negligence matters are commonly referred to as duty, breach, causation, and damages. Each element presents its unique series of challenges for the parties.

Duty

Proving duty can be as simple as establishing that the other party was the patient’s doctor. This means you have to name the right parties in your lawsuit. Of course, obstetricians owe a duty of care to their patients; however, a birth often involves multiple healthcare providers. This includes midwives, nurses, technologists, primary care physicians, anesthesiologists, and more. In some cases, it may be wise to name multiple parties in your lawsuit.

If you name the incorrect party, the defendant may show that he or she owed no duty to the patient. Every healthcare provider owes their patient the duty to operate within the standard of care for their field.

Breach

Breach is the next element of negligence, and it requires that you establish the defendant’s conduct was a breach of the defendant’s duty. You and your attorney will spend a lot of time determining whether the conduct constituted a breach. This requires analysis of medical records and consulting with medical experts.

Causation and Damages

Finally, you will need to establish that the breach of that duty caused (the causation element) some injury (the damages element). If there was another cause for the birth injury, you might not have a viable case. Similarly, if there was no real injury, then there are no damages to support a negligence action.

Consult with an Orlando Birth Injury Attorney Today

There is no downside to scheduling a free consultation to discuss your rights. Contact the lawyers at Fighter Law who have unparalleled experience in birth injury claims. These birth injury attorneys will help you and your family through this difficult time. Schedule a free consultation by calling (407) 410-4324 or filling out the contact form.

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