Key West Birth Injury Lawyer

Key West Birth Injury Attorney

The birth of your child should be a cause for celebration, not a source of stress and potential tragedy. Unfortunately, that’s what can happen to families that suffer birth injuries. If you’ve found yourself in this position, you should hire a Key West birth injury lawyer right away. A birth injury lawyer can help you file a medical malpractice claim against the professional responsible and get compensated for your suffering.

Trust the Law Office of Alexander Alvarez, PA

The team here at the Law Office of Alexander Alvarez, PA, has been working with parents facing birth injuries for years. We’re intimately familiar with personal injury and birth injury laws and how they apply to any given situation, and we know how to negotiate with insurance companies to get the maximum settlement amount for your claim. You can trust us to handle your birth injury case with compassion and professionalism.

Why Hire a Birth Injury Lawyer?

According to the March of Dimes, Florida ranks 33rd in the country for infant mortality. In 2023, 1,351 babies died before their first birthdays. Some of those deaths were due to birth injuries that could have been prevented, including 8.3% of them that were due to accidents of various sorts. Maternal mortality rates are also high in Florida at 24.5 deaths per 100,000 births.

These statistics only take into consideration mortality rates. They don’t begin to cover the less fatal but equally serious birth injuries that have occurred throughout the state. When you hire a birth injury lawyer, you’ll get a clear idea of what your options are for moving forward.

If a medical malpractice claim is feasible, you’ll get the help you need with gathering evidence, filing the claim, and negotiating a settlement. If it’s not, we’ll discuss other options, such as Social Security Disability Insurance.

Types and Causes of Birth Injuries

Birth injuries can be defined as any injuries that occur to babies during labor or delivery. They can result from:

• Medical negligence during labor or delivery
• The improper use of medical devices
• The use of certain prescription drugs
• The failure to diagnose complications, such as preeclampsia

The types of injuries that result vary. Some of the most common of them are:

• Hypoxia. Hypoxia, or oxygen deprivation, during labor and birth can cause serious injuries, including cerebral palsy. Fetal distress, prolonged labor, and tangled umbilical cords can all lead to hypoxia.
• Shoulder dystocia. Shoulder dystocia occurs when a baby’s shoulders get stuck in the birth canal after its head has already passed through. Shoulder dystocia can lead to injuries to the brachial plexus.
• Brachial plexus injury. The brachial plexus is a network of nerves found near the neck. This nerve network is responsible for sending signals from the spine to the upper extremities. When the nerves get stretched, compressed, or torn away from the spinal cord during birth, it can lead to weakness, loss of feeling, and paralysis of the arm.
• Brain injuries. Brain injuries occur most frequently due to hypoxia. A lack of oxygen to the brain during labor and delivery can leave a baby with substantial brain damage that could prevent normal development.

In some cases, improper prenatal care leads to birth injuries, as well. Doctors sometimes prescribe medications that cause injury to babies, in which case, you may have a birth injury claim against the doctor, pharmacist, or drug manufacturer.

Who’s at Fault?

You can only file a claim for birth injuries if they occurred as a result of a medical professional’s mistakes. If negligence or active mistakes led to you or your baby being injured, you deserve to receive compensation and hold the responsible parties accountable. They can include:

• Doctors
• Nurses
• Anesthesiologists
• Hospitals
• Pharmacists

Your lawyer can help you determine who was to blame for any birth injuries.

FAQs

How Do You File a Claim for Birth Trauma?

You can file a claim for birth trauma with the help of a Key West birth injury attorney. Before meeting with your lawyer, you should gather all the relevant medical records for your case. Depending on the circumstances, you may be able to file a claim for medical malpractice. Your lawyer can help you gather evidence, file the claim, and negotiate a settlement or represent you in court if necessary.

How Much Is a Birth Injury Settlement Worth?

How much a birth injury settlement is worth varies based on factors such as the severity of the injury and whether the patient requires long-term medical care. Future medical costs and the need for long-term care are crucial factors in determining the settlement value, as the compensation package should cover all the patient’s necessary care, both now and in the future.

What Is the Statute of Limitations for Birth Injury in Florida?

The statute of limitations for birth injury in Florida is two years because it is a medical malpractice claim. There is, however, a significant exception. Tony’s Law allows parents to file medical malpractice lawsuits until their children turn 8 years old if the injury wasn’t immediately apparent. That said, you should consult a birth injury lawyer as soon as possible to avoid missing important deadlines.

How Long Do Birth Injury Cases Take to Settle?

How long birth injury cases take to settle in Key West varies based on factors such as the complexity of the case and whether it goes to trial. Cases that go to trial typically take much longer to resolve than those that are settled outside of court. Challenging cases that require a good deal of explanation and negotiations can also take longer to settle, even if they don’t go to court.

Your Key West Birth Injury Lawyer

If you’ve suffered an injury while giving birth at the Lower Keys Medical Center or another birthing center, you can get help from a Key West birth injury lawyer. The team at the Law Office of Alexander Alvarez, PA, has been handling these types of cases for years. We can help you file your birth injury claim and get compensated for any damages you incurred during your challenging experience. Contact us to schedule an initial consultation today.

Key West Birth Injury Lawyer Review