The birth of a child might seem routine nowadays, but it remains a dangerous undertaking for both the mother and the child. Most newborns suffer from minor birth injuries due to the traumatic labor and delivery processes. Premature babies, large babies (over 11 pounds), and babies in an abnormal position are particularly vulnerable to birth-related injuries. A majority of birth injuries, however, can be resolved without any treatment.
But instances of traumatic birth injury are not uncommon, and they often happen because of mechanical (instrumentation) pressure to the brain or asphyxia. Long-term health consequences, such as cognitive disabilities, neurological disorders, such as cerebral palsy, and organ damage can result from these birth injuries.
If you believe your child sustained a traumatic brain injury due to medical negligence, you should seek birth injury compensation. The goal is to cover the current and future costs of care and treatment of your injured child.
However, it will be challenging to make a successful birth injury claim, as medical professionals and institutions have many legal protections. Find out how the established birth injury law firm of Diamond & Diamond Miami and the experience of a Florida birth injury lawyer in Boca Raton can give you a fighting chance.
Fight for the Right Compensation for Your Birth Injury Case in Boca Raton
Negligent birth injuries result from the carelessness or incompetence of that medical professional you trusted, such as an obstetrician or nurse. This includes poor delivery technique, oxygen deprivation during the delivery process, or the improper use of instruments.
Birth injury compensation will depend on the nature and extent of the injury and the circumstances that indicate medical negligence. These injuries are often so severe that your child will require lifelong care. It might be hard for you to contemplate the lifelong difficulties your child will face, let alone try to make sense of the financial complications.
A Diamond & Diamond birth injury lawyer in Boca Raton can provide legal help and will determine fair and just compensation for your case. You might be able to get compensation for the following:
- Assistive devices
- Current and future medical bills
- Decreased quality of life
- Lost earning potential
- Pain and suffering
- Physical and vocation therapy
- Renovations for the home
- Specialized care
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Diamond & Diamond Birth Injury Attorneys in Boca Raton
As a birth injury law firm in Miami, we can advise you on your best options for providing legal help in getting financial assistance for your child. We will always be transparent about the complexities of a birth injury claim. Therefore, you should know that it may be some time before you get compensation.
However, there might be an easier way to handle a tragic birth injury. We might be able to file a petition for benefits and a birth injury claim with The Florida Birth-Related Neurological Injury Compensation Association (NICA). As per Title 45, Sections 766 (301-316) of the 2021 Florida Statutes, it is not necessary to prove medical negligence to file a NICA claim and get significant benefits.
You can find out more about what expenses NICA will cover. However, you should also know that you can’t bring a birth injury claim for medical negligence against the hospital or physician if you file a successful NICA claim.
To file a NICA claim, generally, a child must have been born in a hospital in Florida (such as West Palm Beach or Boynton Beach) and sustained permanent neurological damage during the course of labor, delivery, or resuscitation immediately after birth. The attending physician must also be a NICA member.
If the birth trauma is not neurological in nature or the physician is not a NICA member, we would then advise you to proceed with filing a medical malpractice suit against the responsible parties. When you first consult with Diamond & Diamond birth injury lawyers, our first step is to evaluate your case to ascertain the best course of action.
Expert Boca Raton Birth Injury Attorneys in Boca Raton at Your Service
You should be able to celebrate the birth of a child. However, that opportunity is denied when medical negligence results in serious injury. Devastated parents are often under tremendous stress and might not even think about talking to a lawyer.
That would be a mistake, as consulting an experienced birth injury lawyer in Boca Raton can alleviate much of the emotional and financial stress in such cases. You can then focus on taking care of your injured child.
Diamond & Diamond lawyers are experienced in handling birth injury cases. We can take care of everything to make sure you get the compensation you need to cover the costs of your baby’s care. We will undertake the medical investigation and consultation to determine liability and the extent of losses and expenses for your case.
Using the information we gather, you can decide if you should accept the settlement offer, file a NICA claim, or proceed with a medical malpractice lawsuit. You can be sure we have your back in whatever decision you make. Our goal is to ensure your injured child receives the compensation that is rightfully owed them.
Don’t Fall For These Most Common Birth Injury Attorney Mistakes
All personal injury lawyers know the complexities of a birth injury case, as it falls under medical malpractice. Inexperienced lawyers might find it hard to counter the following defenses commonly used by defendants:
- Patient fault
- Pre-existing condition
- Conduct in line with standards of care
- Unforeseeable injury
They might also feel intimidated when dealing with medical professionals and large insurance companies. Even worse, new lawyers might not be aware of the statute of limitations for filing a claim for medical malpractice related to birth injuries.
Another common mistake is neglecting to consult a medical expert to calculate reasonable compensation for an injury. This might lead them to advise the client to accept an inadequate amount to cover current and future expenses.
Finally, a novice in personal injury lawsuits often fails to thoroughly investigate the case. This may significantly contribute to the failure to prove negligence, which would preclude you from receiving just compensation.
Diamond & Diamond Law attorneys don’t make these kinds of mistakes. They are not intimidated by a fancy title or deep pockets. When we know we are on the side of the angels, we are resolute.
Protect Yourself Today!
Boca Raton Law Experts in Birth Injury Attorney Cases
Nothing is more devastating to parents than harm coming to their child, so a birth injury case is the most challenging thing to handle. You don’t have to face the effects of a birth trauma alone. Let our Diamond & Diamond Lawyers do what they do best: provide legal help and protect the rights of victims of negligence.
Our team of lawyers is steeped in personal injury law, including medical malpractice. As Boca Raton birth injury lawyers, we are accomplished and proficient in handling a birth injury lawsuit without much trouble. Whatever the circumstances of the case, we can help you receive damages that will assist you and your family members cope with issues related to the birth injury.
How Diamond & Diamond Birth Injury Attorney Can Help You
Despite the reality of financial hardships associated with birth injury needs, getting compensation is not the only way a Diamond & Diamond birth injury attorney can help you. Below are two significant benefits of filing a personal injury lawsuit.
It can give you a sense of justice. Medical professionals must maintain standards of care for all their patients. Physicians take the Hippocratic Oath, which states, “First, do no harm.” When medical professionals fail in this duty, they should be held accountable.
It can protect other children. A medical malpractice lawsuit is a deterrent to negligent behavior. By holding the responsible parties accountable, you force them to do better in the future, which can protect other children from birth-related injuries.
Schedule a Free Consultation Today
Dealing with the devastating aftermath of a birth injury is stressful and overwhelming enough for any parent. Let an eminently qualified birth injury attorney deal with everything else.
The role of our birth injury lawyer in Boca Raton is to provide legal help and gather evidence to prove the medical professional’s liability. With the help of medical experts, this includes an analysis of the child’s medical situation and subsequent birth injury needs.
One of our best strengths is our willingness to go to extraordinary lengths to prove your case. Diamond & Diamond Miami invests in the resources and specialized knowledge and experience required to meet the challenges of a medical malpractice case.
When you first suspect that your child has sustained serious birth-related injuries, reach out to us. Before anything else, we need to do an initial consultation to determine the facts of the case. Don’t worry. We offer free case evaluation, so you have nothing to lose by calling 1-800-567-HURT and everything to gain. Contact us today!