Carmen Gallardo
The arrival of a baby is always one of the happiest and most momentous events for any family. While it is a moment full of emotions for parents, grandparents, aunts, uncles, and siblings, it is not without risk, particularly if the hospital where the delivery takes place and its staff commit some kind of medical negligence that endangers the life of the newborn and its mother.
Then, what was meant to be pure joy becomes an overwhelming experience with a terrible psychological and financial burden. If you are unfortunately facing this painful situation, having a Miami birth injury lawyer can make all the difference in helping you get the justice and compensation you deserve.
Our professionals care deeply about each of our clients and will fight tirelessly for you and your loved ones. Read on to find out how Gallardo Law Firm can help you find legal counsel that will put your rights first.
Injuries can happen during childbirth as a result of previous health problems on the part of the mother or, in the worst cases, as a result of mistakes on the part of doctors, nurses, or attendants. Failure to provide the newborn with the necessary amount of oxygen, using the wrong medication, or delaying a cesarean section may be some of the causes.
Navigating these legal processes can be enormously complicated, as you will also have to deal with the emotional consequences of the damage caused. Our professionals are available 24 hours a day, seven days a week, to answer your doubts.
We will listen to your story and demand the answers you deserve to understand better your circumstances and the steps you can take for your family's future and stability. We want to accompany you and get compensation to cover ongoing care, rehabilitation sessions, and any other medical services necessary for your child's recovery.
If you are the victim of medical malpractice that has jeopardized your baby's development or progress, we can help. You and your family are our priority, and if you choose to use our resources and years of experience, we will build a strategy that respects your interests and opinions.
By working with us, you will not have to worry about paying an attorney because we operate under what is known as a contingency fee. We will only charge you if we have success, reflecting our commitment to demonstrating that your victory is ours. We offer you:
It is crucial to note that injuries sustained during childbirth involve considerable medical costs. Our team is ready to assist you in receiving compensation for the harm caused to your child, always based on a thorough evaluation of the case. Among them:
There is no more permanent and terrible pain for a parent than the death of their child, particularly if this fatality occurs during the birthing process and as a result of the irresponsible actions of doctors, nurses, and other hospital personnel. If this is your case, we want to offer you our sincere condolences and reiterate that you can rely on our lawyers to obtain legal advice and find emotional support.
We have highly skilled and talented professionals to represent you from the moment you arrive at our offices until we reach the compensation you deserve. We know that nothing can fill the void of such a devastating loss, and we offer you a free first consultation where you can get answers regarding the best way to file a wrongful death lawsuit.
In most cases, it is quite possible that if the doctor had paid proper attention to the signs and signals or followed proper procedures with the necessary corrective measures, an injury could have been avoided.
Statistics show that in the United States, there are about 1.9 injuries per 1,000 babies born. Among the most frequent injuries are damages to the branchial plexus, which are nothing more than impairment to the nerves that control the movement of the shoulders, arms, and hands; fractures, mainly of the clavicle or humerus; and the so-called perinatal asphyxia, which occurs when the newborn does not receive all the oxygen it needs, which can cause brain damage.
Some mistakes can be the incorrect use of forceps, premature delivery, not performing a cesarean section on time, and inadequate control of the fetal heart. Other errors can be:
Numerous healthcare professionals are involved in the birthing process, so an oversight by any one of them can have severe consequences for your baby. If you suffered a mistake of this magnitude, you may have legal claims against:
Our legal strategy begins with a comprehensive investigation into every detail of what transpired. We have to be in a position to establish the extent of liability on the part of the medical professionals involved and to provide competent evidence to prove negligence.
Among the evidence we will need are the medical records of the mother and the newborn; the hospital's records regarding policies, protocols, and personnel; the testimony of witnesses, photos, or videos that demonstrate the conditions of the baby during delivery; the so-called Apgar Score (record of the infant's conditions immediately after its arrival into the world), among others.
Our main objective is to get to the root of the terrible event that you and your family have been victims of in order to advise you on how you can proceed to obtain the maximum possible compensation.
The extend of these injuries can vary significantly. The most well-known are:
With the help of a birth injury lawyer, doctors, nurses, and hospitals that provide birth services can be held liable when their actions or omissions constitute medical malpractice and the baby suffers. Healthcare professionals must also promptly diagnose and treat any complications arising during pregnancy and after delivery.
These complications, in turn, depend on the type of pregnancy and the monitoring of the pregnancy by doctors to detect possible risks, such as the size of the baby and the mother's pelvis, premature birth, whether it is a multiple birth and prolonged labor, the position of the baby at birth, among others.
Likewise, these dangers increase if doctors, nurses, and specialists fail to spot possible mistakes. These include difficulties during delivery, delayed cesarean section, oxygen deprivation, placenta previa or placental abruption, wrong medication, and pediatric strokes.
Some of the signs of problems during or immediately after birth are extremely difficult to discover. In some cases, parents are under deep psychological stress, which also plays a role in their inability to discover some of these symptoms:
For the mother, signs of possible complications include fissures, tears in the vaginal area, postpartum hemorrhage, placental abruption, improper stitching after cesarean section or episiotomy, injuries caused by the use of forceps or other tools, and undertreatment of possible infections.
Among the injuries caused to the newborn, those affecting the brain and cognitive development are the most complex for the family to deal with. Fortunately, in Florida, there are several programs that support parents in such unfortunate situations. One such program is the Birth-Related Neurological Injury Compensation Act (NICA), which makes it possible to obtain compensation without even having to prove the fault of a third party.
However, this regulation does not cover all injuries, which also incentivizes families who decide to come to our firm to file a claim. In the region, there are possibilities to access benefit programs such as Medicaid, some public subsidies, and SSI or Supplemental Security Income.
The key thing to remember in this type of situation is not to lose hope and to lean on your loved ones and closest friends. Birth injuries are traumatic experiences that burden families with a host of problems, especially when the injury appears to have been caused by negligence or poor medical care.
The consequences are often preventable with careful medical attention, so victims have every right to pursue the legal option that best allows them to hold the possible culprits accountable. At Gallardo, we have years of experience helping families like yours through these terrible events. Our attorneys can support you if you decide to file a lawsuit and take the case all the way to court if necessary. Contact us for a case evaluation today.
