Each year children in Florida are tragically victims of medical malpractice. These injuries can have a profound effect on the child, and often on the entire family. Parents find it particularly difficult to watch their children suffer injuries or illness from a medical error. While financial compensation doesn’t reverse a medical error, it can provide the compensation needed to seek other medical treatment and ongoing care for a child.
In Florida, some of the most common medical malpractice cases arise at the very start of a child’s life. Birth injuries are among the most serious and frequent to affect children under 14.
The term “birth injury” covers many different injuries that can occur during pregnancy, during birth, or immediately after birth of a baby. Typically, a birth injury lawyer handles cases involving any stage of a pregnancy and childbirth. Among the most common injuries are trauma to spinal cord and brain damage. In rare instances, brain damage from a birth injury can cause cerebral palsy.
When a newborn suffers a birth injury the consequences can be lasting. A spinal cord injury can impair the use of limbs, which keeps a child from learning to walk or run. These injuries are also associated with nerve damage that can cause pain for a lifetime. Brain damage is just as serious. How are these life-changing injuries caused?
Damage to spinal cord, brain, neck, or soft tissue can be caused by inept medical care. For instance, brain damage is usually associated with a lack of oxygen either due to the birthing method employed or lack of awareness by a nurse or doctor. Applying force to a baby’s head, back, or neck during childbirth, failure to properly monitor the fetus, or inappropriately using machines to aid a delivery are other times when birth injuries are common.
Children medical malpractice cases are handled differently than those involving adults. First and foremost, the procedure is different. A minor child is unable to file a lawsuit; therefore, a parent or guardian must bring the lawsuit on the child’s behalf. Second, public policy dictates that certain substantive aspects of a case are handled differently.
Children, are not held to this same standard. It would be impossible to expect a child to act as a reasonable adult would in every circumstance. It is an unfair comparison. Instead, the court considers whether a child or the same age would have acted in the same manner as the victim. Thereby asking the jury to determine if the child acted reasonably for a person of his or her own age.
Medical malpractice and other injuries involving children cause strong emotions. Parents often feel anger, sadness, guilt, and frustration. To ensure these emotions are properly channeled into effective action and legal remedies that help your child, engage an experienced birth injury lawyer or medical malpractice lawyer.
The team at Aronfeld Trial Lawyers, are the legal professionals you need. We regularly represent parents and guardians on behalf of their injured child, and do everything possible to obtain the compensation you deserve. Call Aronfeld Trial Lawyers toll-free at 1-866-597-4529, locally at 305-441-0440, or reach us by email at [email protected] or SKYPE to schedule an initial consultation with one of our medical malpractice or personal injury lawyers.