Lake Mary Birth Injury Attorney

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At Chubb Law, our experienced birth injury attorneys in Lake Mary are dedicated to advocating for families in Seminole County and throughout Florida. Our Florida medical malpractice lawyers understand the complexities of birth injury cases and are committed to holding responsible parties accountable for their actions.

What You Need to Know About Birth Injuries

Birth injuries can occur when a medical professional fails to provide the standard of care during pregnancy, labor, or delivery. These injuries can have long-lasting and sometimes permanent effects on a child’s physical and mental development. Parents facing the emotional and financial toll of a birth injury often find themselves overwhelmed, but legal recourse may be available. Our attorneys at Chubb Law are here to help you understand your legal rights and guide you through the process of seeking justice.

Understanding Birth Injuries in Seminole County

Hospitals, clinics, and medical practitioners in Seminole County, including Lake Mary, are expected to follow rigorous protocols to ensure the safety of both mother and child during delivery. Families can suffer life-altering consequences when a failure occurs, whether due to improper techniques, inadequate monitoring, or delayed responses.

Chubb Law has been serving families in Seminole County for years, providing compassionate and aggressive representation in birth injury claims. Our attorneys, Mitch Chubb and Christopher Pettus, are familiar with the local medical landscape, allowing us to navigate these cases precisely and confidently.

Results and Client Testimonial

Attorney Mitch Chubb and his staff are extremely professional and thorough. They treat you like family and will do everything they can to maximize the value of your case. I highly recommend them.

– Jon

Key Legal Concepts in Birth Injury Lawsuits

Navigating a birth injury lawsuit requires an understanding of several key legal concepts. These include the following:

• Standard of care: Medical professionals are required to perform at a level considered acceptable by the medical community. A breach of this standard can result in liability.
• Causation: As the plaintiff, you must show that the breach of care caused the birth injurIies.
• Damages: These are the tangible and intangible losses suffered due to the injury, including medical expenses, lost future wages, and emotional suffering.

Legal Rights of Birth Injury Victims

Victims of birth injuries, including the child and parents, have significant legal rights under Florida law. These rights include the ability to seek compensation for medical expenses, pain and suffering, future care, and other associated costs. Filing a birth injury lawsuit not only holds medical professionals accountable but can also help provide financial stability for your child’s ongoing care.

At Chubb Law, we are dedicated to ensuring your family’s legal rights are upheld. We work tirelessly to pursue justice and the maximum compensation available under the law.

Damages You Can Recover from Birth Injury Accidents

Families affected by birth injuries are often entitled to several types of damages, including:

• Medical expenses: This includes the cost of past, present, and future medical care, including surgeries, rehabilitation, therapy, and medications.
• Pain and suffering: This is compensation for the emotional and psychological trauma caused by the injury.
• Loss of enjoyment of life: When your child’s quality of life is diminished due to injury, your family may be compensated for that loss.
• Future care costs: Birth injuries often require lifelong medical attention, and you can include the associated costs in your claim.
• Parents’ lost wages: If you need to stop working to care for your injured child, you can also recover lost income.

Insurance Coverage for Birth Injury Accidents

In birth injury cases, healthcare providers typically carry medical malpractice insurance, which covers the significant costs of a malpractice claim, including medical expenses, rehabilitation, and other damages. However, insurance companies often prioritize minimizing their payouts, which can result in delayed or reduced settlements for families.

At Chubb Law, we have extensive experience negotiating with insurance companies. We understand their tactics and will aggressively advocate on your behalf to ensure you receive fair compensation for your child’s injuries. Our team works tirelessly to secure the financial recovery your family deserves, whether through negotiations or litigation.

Additionally, we will assist your family in understanding the complexities of malpractice insurance, including policy limits, exclusions, and potential coverage gaps. This ensures that all potential sources of compensation are explored and no stone is left unturned in your case. Our goal is to handle your claim’s legal and insurance aspects so you can focus on your child’s recovery and future.

Common Types of Birth Injury Cases We Handle in Seminole County

Our team of Lake Mary birth injury attorneys has handled a variety of cases, including:

• Cerebral palsy: Often caused by oxygen deprivation during delivery, leading to motor function disabilities
• Erb’s palsy: A result of improper handling during birth, which can lead to nerve damage and limited arm function
• Brachial plexus injuries: Nerve injuries that occur when a baby’s shoulders are stretched too far during birth
• Brain damage: Often caused by failure to monitor fetal distress or improper use of birth-assisting tools like forceps or vacuum extractors
• Fractures: Broken bones, particularly the clavicle, from excessive force during delivery

COMMON CAUSES OF BIRTH INJURIES

Birth injuries can occur due to several preventable medical errors. Some of the most common causes include:

• Failure to monitor fetal distress: Healthcare providers must closely observe the baby’s heart rate and other vital signs during labor. Failing to recognize signs of fetal distress can lead to oxygen deprivation, causing brain damage or conditions like cerebral palsy.
• Improper use of birth-assisting tools: Misuse of tools like forceps or vacuum extractors can cause physical trauma, including skull fractures, nerve damage, or injuries to the brain.
• Delayed cesarean section (C-section): In situations where a C-section is necessary to ensure a safe delivery, any delay in performing the procedure can increase the risk of birth injuries. Prolonged labor can result in oxygen deprivation, brain damage, or other complications for the infant.
• Failure to diagnose and treat maternal conditions: Conditions such as preeclampsia, gestational diabetes, or infections in the mother must be diagnosed and managed properly during pregnancy. Failing to treat these conditions can lead to complications that harm the baby, such as premature birth or developmental problems.
• Medication errors: Incorrect dosages or improper use of medications during labor and delivery can adversely affect both the mother and the child, increasing the risk of injury.
• Improper handling during birth: Excessive force during delivery, particularly in cases of shoulder dystocia, where the baby’s shoulders become lodged behind the mother’s pelvic bone, can lead to nerve damage, fractures, and other injuries.

At Chubb Law, we are committed to identifying the root causes of birth injuries and holding negligent healthcare providers accountable for their actions. Understanding these common causes is essential to pursuing a successful legal claim and securing compensation for your child’s injuries.

WHAT TO DO AFTER A BIRTH INJURY

If your child has suffered a birth injury, it is crucial to act quickly. Here is what you should do:

• Seek specialized medical attention: While obtaining immediate medical care for your child is essential, you should also consider seeking opinions from specialists in pediatric neurology or developmental disorders, especially if the injury involves potential long-term impacts like cerebral palsy or developmental delays. Early intervention is critical for conditions that require long-term treatment or therapy.
• Gather comprehensive documentation: Keeping thorough records is crucial for both medical and legal purposes. This includes documentation of prenatal care, medical reports from the delivery, and detailed accounts of any complications or unusual events that occurred during labor. It is essential to log any follow-up care, therapies, and diagnoses, which will help in determining the extent of your damages.
• Consult with medical experts: In many birth injury cases, medical experts will play a key role in evaluating whether medical negligence occurred. These experts can help establish whether the healthcare provider failed to meet the standard of care. We will work with these professionals to build a strong case.
• Understand the long-term impact: Depending on the type and severity of the birth injury, you may be looking at long-term medical care, rehabilitation, and specialized education. Understanding the scope of your child’s future needs will help in accurately assessing the compensation you may require.
• Take prompt legal action: You must file your birth injury claim within a specific time frame from when you discovered the injury or reasonably should have discovered it. In cases involving minors, this period may be extended; however, acting promptly is essential, as gathering evidence, interviewing witnesses, and obtaining expert testimony can take time.

At Chubb Law, we offer free consultations to help you determine the strength of your case and what steps to take next. Contact our Lake Mary birth injury attorneys as soon as possible to discuss the specifics of your case.

The Cost of Birth Injuries

The costs associated with a birth injury can be overwhelming. Families often face:

• Extensive medical bills for surgeries, therapy, and long-term care
• Special education and mobility aids
• Emotional and psychological tolls that require professional counseling

A birth injury lawsuit can help relieve these financial burdens by securing compensation to cover these costs. Contact our team at Chubb Law as soon as possible to learn how we can help you pursue financial recovery after a birth injury accident. We have recovered millions of dollars in compensation for personal injury victims in Lake Mary and throughout Florida.

Birth Injury Accident Claim Process in Florida

Florida’s birth injury claim process involves several key steps, beginning with a comprehensive review of medical records to identify any deviations from the standard of care. Expert testimony from medical professionals is crucial to establish that negligence occurred. Once we gather evidence, we begin negotiating with the healthcare provider’s insurance company to secure a fair settlement. If we cannot reach a settlement, the case may proceed to litigation, where a judge or jury will decide the outcome. Throughout this process, our team at Chubb Law is dedicated to securing the best possible result for your family.

Why You Should Choose Chubb Law for Your Birth Injury Case

At Chubb Law, we are dedicated to giving our clients the personal attention they deserve while providing the expertise of a larger firm. We handle birth injury cases with compassion and a deep commitment to ensuring that you and your family are heard. Our firm guarantees proactive communication, unlimited access to your legal team, and no fees unless we win your case. With a proven track record of success and a focus on achieving the best outcome for every client, Chubb Law will stand by your side throughout the entire legal process.

We Answer Your Frequently Asked Questions About Birth Injuries

What should I do if I suspect my child has a birth injury?

Contact a medical professional for a diagnosis and consult with our birth injury lawyers in Lake Mary to explore your legal options.  

How long does a birth injury lawsuit take?

Depending on their complexity, these cases can take months or even years to resolve. We will work diligently to get the best outcome for your family and to resolve your case as quickly as possible.

Can I still file a claim if the birth injury was diagnosed later?

Yes, as long as it is within the statute of limitations, which typically begins from the diagnosis date.

Building a Strong Case for a Birth Injury

Building a strong birth injury case requires meticulous attention to detail and expert support. To build a strong case, we will:

• Thoroughly review medical records
• Consult with experienced medical professionals
• Establish the standard of care that was expected and how it was breached
• Demonstrate how the breach of care directly caused the injury
• Document the damages, including medical expenses and emotional distress

Our goal is to build a robust, evidence-backed case to help you obtain the maximum compensation possible for your child’s injury.

Florida Medical Malpractice Statute of Limitations

In Florida, you generally have two years from the date of a birth injury or from when you discover it to file a lawsuit. However, specific circumstances can extend this time limit. For example, in cases involving fraud, the statute of limitations may be extended to four years.

For injuries to minors that are not immediately apparent, such as developmental delays, you typically have two years from the date the injury is discovered, but no later than the child’s eighth birthday, to file a claim.

To ensure your claim is filed within the statute of limitations, contact Chubb Law as soon as possible after a birth injury is identified.

Establishing Negligence in a Florida Birth Injury Case

To prove negligence in a birth injury case, you must establish four elements:

• Duty of care: The healthcare provider had a duty to provide competent care.
• Breach of duty: The provider failed to meet the accepted standard of care
• Causation: The breach of duty directly caused the birth injury.
• Damages: The injury resulted in significant harm or losses.

Our attorneys at Chubb Law are skilled at gathering the necessary evidence to establish negligence and build a compelling case for compensation.

Comparative Fault in a Birth Injury Claim

Florida operates under a comparative fault system, meaning that even if the parents are partially responsible for the injury, they can still recover damages. You may recover compensation as long as you were not more than 50% responsible for your infant’s injury. If you are eligible for compensation, it may be reduced in proportion to the percentage of fault attributed to them. Chubb Law ensures that liability is properly allocated to maximize your recovery.

Liability in Birth Injury Accidents

Liability in birth injury cases can extend to various parties. These parties include:

• Doctors
• Nurses
• Hospitals or birthing centers
• Anesthesiologists
• Midwives or other healthcare professionals

Determining liability is a critical step in securing compensation, and our team at Chubb Law is experienced in holding all responsible parties accountable.