Birth Injury and compensation claims

Birth injuries are extraordinarily complex and a specialized area of medical malpractice. We know that anything can go wrong during pregnancy, labor, and delivery, but concerns can be raised about the quality of care you have received. It is not always the case that a poor medical outcome is due to malpractice. The only way to know for certain if you have a birth injury compensation claim is to have a birth injury lawyer review your circumstances. A skilled birth injury lawyer will know what to look for in determining if your situation involves medical malpractice.

  • Reasons for a birth injury claim can include:
  • Failure to diagnose and to treat pregnancy or obstetric related condition that then results in injury to the mother and infant.
  • Failure to diagnose a medical illness as is a reasonable standard of care set forth by law.
  • Delay in delivery that results in oxygen deprivation and brain damage.
  • Failure to progress labor, such as ordering a timely c-section or intervening to progress labor more quickly.
  • Improper administration or use of oxytocin.
  • Medical mistakes, such as diagnostic errors, surgical errors, or medication mistakes, that result in the patient needing additional diagnosis and treatment, a change in their quality of life or a change in employability.
  • Substandard care during pregnancy. This includes negligence in testing, screening, and monitoring maternal and fetal health.
  • Substandard care after delivery (neonatal period). This includes negligence in resuscitation, monitoring vital signs, administering medications, and ordering treatments. It also includes failure to transfer the infant to a pediatric hospital if necessary.

Damages awarded in birth injury compensation claims.

Financial compensation can never erase the trauma of a birth injury, but it can provide relief for families who are struggling due to actions or inaction of a negligent healthcare provider.

The cost of future care is the most important category of damages awarded to families. Compensation in medical malpractice claims is available to restore the victim to where they were or would be, had the injury not occurred. In birth injury cases the compensation is designed to give funds needed to pay for the child’s care throughout the child’s life. The cost of future care compensation may include:
• Medical care. Includes doctor care, therapy, medical supplies, and medication.

• Attendant care. Includes caregiving, housekeeping, and home maintenance.
• Case Management. Includes the cost of a nurse, occupational therapist, or caseworker.
• Equipment. Includes supportive equipment that the child needs, including technological devices, wheelchair, wheelchair accessible van, lift, communication devices, and more.
• Home renovation. If the child’s current home requires modifications to meet the child’s needs, a birth injury claim can help provide for those costs.
• Non-economic damages may be recoverable in birth injury cases and can include pain and suffering, mental anguish, and loss of enjoyment for life.

In some birth injury cases, additional types of damages such as punitive damages may be sought. Punitive damages are awarded to impose punishment on the defendant to deter them from engaging in any similar reckless behavior in the future. If you are considering filing for compensation for a birth injury, please consider contacting The Ogle Law Firm. Bill Ogle, Esq. represents clients with the major injury and medical malpractice claims throughout the entire state of Florida. Bill Ogle is a national board-certified civil trial specialist. Although the majority of cases have settled, Ogle has successfully completed thousands of settled cases and hundreds of trials.
When an insurance company will not pay reasonable compensation for a claim, Ogle will be willing to place the case before an impartial jury for resolution. At Ogle Law, we represent patients that have been harmed in the health care or hospital setting. We will fight for your rights and get the compensation you deserve. Contact Ogle Law Firm today and speak to an experienced and skilled birth injury attorney.
Office in Daytona Beach 386-260-2136
Office in Alachua, Fl. 386-462-0476