Florida Birth Injury Lawyer
Attorney Armando Edmiston can build a strong medical malpractice claim
The birth of your child is supposed to be one of the happiest days of your life. Unfortunately, this wonderful moment can quickly turn tragic if a negligent medical professional fails to correctly follow rules and procedures, inadequately monitors the mother and baby, or fails to execute appropriate medical procedures, such as performing a delayed C-section.
If your child or your child’s mother were injured during birth and it could have been avoided with appropriate medical planning and care, you may be able to file a medical malpractice lawsuit. Birth injuries that result from medical malpractice are often long-lasting and life-altering, which is why you need someone to stand by your side and aggressively advocate for your family’s best interests. You need to make sure your child’s financial needs are met not just now, but also moving forward.
If something went wrong during childbirth and your baby or your baby’s mother suffered harm due to the negligent actions of a medical professional, you may want to seek legal help. Getting representation from a birth injury lawyer can be an effective way to recover the financial compensation your family deserves and hold the at-fault party accountable for their actions.
You may be entitled to compensation for:
- Medical expenses, including the cost of long-term care
- Lost wages
- Loss of earning capacity
- Replacement services
- Pain and suffering/punitive damages
- Emotional distress/mental anguish
- Wrongful death
Birth injury attorney Armando Edmiston, founder of Armando Personal Injury Law in Tampa, has extensive experience helping families in Florida. When you hire our law firm, we make your problems our problems. That means you can expect us to be there for you throughout the whole legal process and fight to get the best possible outcome in your specific case.
What are the most common birth injuries?
Some of the most common birth injuries and complications include:
- Cerebral Palsy (CP)
- Brachial Plexus Palsy (BPP)
- Erb’s Palsy
- Shoulder Dystocia
- Klumpke’s Palsy
- Persistent Pulmonary Hypertension of the Newborn (PPHN)
- Brain Injuries
- Cognitive Impairment
- Bone Fractures (Clavicle, Cranium, Humerus)
- Permanent Nerve Damage
Considered one of the most common birth injuries, cerebral palsy is a neurological condition and movement disorder that is caused by brain damage or a brain malformation – either before, during, or after childbirth. Cerebral palsy has an impact on the child’s muscle tone, movement, and balance. Children who have CP may not be able to walk, talk, eat, or take part in the same activities as other children. Common symptoms include varying degrees of muscle tone, lack of balance/coordination, tremors, muscle spasms, poor muscle control/reflexes, and developmental delays.
Brachial plexus, also known as neonatal brachial plexus palsy (BPP), is one of the most common types of birth injuries. It occurs when the upper part of the baby’s arm is injured. It typically occurs during traumatic deliveries, including breeched vaginal birth, especially when OBGYNs use forceps, vacuums, or other extraction tools.
BPP injuries are also common during vaginal deliveries of large babies over 10 pounds, if the baby’s head is pushed to one side during delivery, if the mother has gestational diabetes or is overweight, or if the baby’s neck muscles are underdeveloped.
Symptoms of brachial plexus palsy include weakness in the arm that suffered the injury and possibly not being able to use the injured arm. It is also possible that the hands and shoulders of the baby could be affected by the injury.
Erb’s palsy is a type of brachial plexus disorder in which the upper arm nerves are affected, and the baby experiences weakness and a loss of feeling in the part of the body that is affected. Severe Erb’s palsy complications sometimes lead to arm paralysis. It can be caused by the improper use of forceps and/or vacuum extraction tools, or if the infant is in the breech position.
Shoulder dystocia is one of the scarier complications that can happen during the birth of a child. Shoulder dystocia injuries occur most often when the head and shoulders of the baby get stuck behind the mother’s pelvic bone during childbirth. Shoulder dystocia complications may be severe, including a fractured or broken collarbone, trouble breathing, brachial plexus fractures, cerebral palsy, or even death.
The mother could also suffer injuries when shoulder dystocia occurs during vaginal childbirth, such as a uterine rupture or hemorrhaging during childbirth. The mother’s injuries usually occur when the infant becomes stuck behind the mother’s pelvic bone.
Klumpke’s palsy is a type of brachial plexus birth complication that occurs when nerves of the baby’s arms are injured. The face, arm, hands, wrists and fingers of the baby can all be affected by Klumpke’s palsy. A child diagnosed with Klumpke’s palsy may suffer from paralysis complications, and in some cases the hand will curl into a claw-like shape.
Neurapraxia poses a lower risk of long-term effects than any other type of brachial plexus injury and is the most common. Symptoms include burning and tingling nerve pain, arm and shoulder weakness, and sensitivity near the injury site. Babies with neurapraxia do not usually need treatment, and the symptoms typically disappear on their own after a few weeks.
Persistent Pulmonary Hypertension of the Newborn (PPHN)
The Persistent Pulmonary Hypertension of the Newborn (PPHN) – also known as persistent fetal circulation – is a serious birth injury that affects the newborn’s ability to breathe. The area that is responsible for giving the baby oxygen shuts down, which causes the baby difficulty with breathing. PPHN can be caused by lack of oxygen during birth, lack of blood flow during birth, and other forms of fetal distress. It can also be caused by some prescription medications being taken by the infant’s mother during pregnancy.
PPHN may lead to heart murmurs, rapid heartbeat, cyanosis, cerebral palsy, and many other issues. Liability for these injuries and serious medical complications can fall into either the physician’s hands, the hospital itself, or a combination of both.
Cephalohematoma is a bleeding injury under the cranium that can occur during vaginal childbirth, first appearing as a visible red bump on the top of the newborn baby’s head. Cephalohematoma may be caused by an incorrect assessment of the newborn’s weight prior to delivery, pulling the infant too hard during delivery, using too much pressure during vacuum extraction, or improper use of forceps.
Get justice with an experienced birth injury lawyer
There are few things more upsetting than an injury to your child, but our law firm can help you find answers and demand justice. Let us be your voice. Attorney Armando Edmiston knows how to build a strong medical malpractice claim on your behalf that gets results. Whether it’s through a negotiated settlement or a court verdict, we will fight to get you maximum compensation.
Armando Personal Injury Law is located in Tampa and serves clients all throughout Florida. We also offer legal representation on a contingency fee basis, which means you don’t have to pay anything unless we secure financial compensation for you. Contact us today to schedule a free and confidential case evaluation.