Pensacola Birth Injury Attorneys

You’ve waited for the birth of your child for nine months. When the day finally arrives, you expect a joyful, if nerve-racking, occasion, but that’s not always what occurs. If a medical professional failed in their duty of care and their negligence resulted in injuries for your baby, the day can become a traumatic experience for everyone involved. In those instances, the first step you should take is to contact Pensacola birth injury attorneys to explore your legal rights.

You don’t have to go through the aftermath of a birth injury alone. At Caldwell Wenzel & Asthana, PC, our seasoned team of lawyers has decades of combined legal experience that we can put to work on your family’s behalf.

With the legal team at Caldwell Wenzel & Asthana, PC in your corner, you can pursue the compensation your family needs to move forward. Contact our Pensacola birth injury lawyers by calling (251) 444-7000 today.

Why Choose Us?

Tenacious and Dedicated Representation

At Caldwell Wenzel & Asthana, PC, we have more than 25 years of combined legal experience. We have worked on some of the most complex cases in Pensacola involving medical malpractice and birth injuries and understand how devastating this moment is for you and your family. Because we are experienced trial lawyers, we never hesitate to take a case to court if that’s the best way for you to receive the compensation your child needs to recover and thrive.

The last thing you should have to worry about during this difficult time is handling insurance companies and the legalities involved with filing a personal injury claim. We can tackle all of this for you so that you can focus on getting your child the medical care they deserve.

The Challenges of Birth Injury Claims

Personal injury claims require demonstrating that another party was negligent in their conduct, leading to losses. In most types of claims, proving negligence requires showing that the party behaved in a way that another reasonable person wouldn’t have in the same circumstances.

It can all be a bit more complicated when dealing with medical negligence. This type of negligence occurs when a medical professional selects the wrong procedure or method or fails to properly execute an appropriate treatment or diagnosis.

What this means is that proving medical negligence requires demonstrating that another professional with the same level of training would not have made the same error when offering patient care. As you can imagine, it’s not always easy to show that another procedure or another medication would have prevented the injuries that the plaintiff suffered.

To be able to prove this is the case, Florida requires an affidavit of merit, while Alabama doesn’t. Pensacola is in Florida, near the Alabama border.  Some Alabama families choose doctors located there, so it is essential to understand what laws apply in your birth injury case.

Our team of birth injury attorneys helped one family recover $8 million after an OB/GYN’s negligence led to the death of their baby. 

Common Reasons Birth Injuries Occur in Florida

Birth injuries can occur for a number of reasons. Not all injuries that a baby can suffer are necessarily malpractice, however, so having a clear idea of common causes is vital.

Delayed Birth

This is one of the most common causes of birth injuries. A medical professional needs to act quickly if labor lasts for 18 hours or more, since that could place the baby at risk. When labor is prolonged, the baby’s head can be put under sustained pressure, putting them in danger.

Maternal Infections

The doctor has to monitor the infant’s progress and the mother’s health throughout gestation. This would allow the doctor to catch infections before they can impact the developing fetus. Failure to do so could result in all manner of health issues.

Improper Use of Tools

In certain cases, doctors must rely on assistive devices like vacuum extractors and forceps. If a doctor uses these devices without appropriate care, harm could come to the baby’s head.

Poor Prenatal Care

Appropriate prenatal care is essential for both the baby and the mother. They must receive regular monitoring as well as the management of potential issues like high blood pressure. If the medical professional doesn’t provide this care, they can be held liable for any developmental issues that the baby has.

Oxygen Deprivation

If labor is delayed or other issues arise during the delivery, the baby can stop receiving necessary oxygen. This can quickly result in brain damage that could impact them for the rest of their life.

Birth Injury FAQs

If your baby has suffered a birth injury, you probably have numerous questions about holding the medical professional liable. Here are some of the most common our attorneys receive.

Are all birth injuries a result of malpractice?

No. Some injuries are impossible to prevent, so they’re not considered malpractice. An injury could be the result of negligence if another medical professional wouldn’t have made the same errors that led to harm.

Do I need an affidavit of merit to begin a birth injury claim?

If you’re filing the case in Pensacola, you do need to have an affidavit of merit, because Florida requires these.

What damages can I claim in a birth injury case?

You can claim economic and non-economic damages. Economic damages cover medical expenses, including future needs that your child may have. It also includes the wages you have lost and will lose if you need to care for your child full-time. If you expect special educational needs, these can be covered, too. Non-economic damages compensate you for the pain and suffering you and your baby have suffered.

How can a lawyer help in a birth injury claim?

Your lawyer can investigate how the birth injury occurred and gather evidence that shows negligence was a factor. They can also contact medical health professionals who can provide the affidavit of merit. Additionally, your Pensacola birth injury lawyer will negotiate with insurers for compensation.

To learn more about the process of beginning a claim, don’t hesitate to contact our team.

Getting the Help You Need After a Birth Injury

Call Our Pensacola Birth Injury Attorneys

If your baby suffered a birth injury because of a medical professional’s negligence, you may be entitled to file a claim and receive compensation. At Caldwell Wenzel & Asthana, PC, we are committed to offering compassionate and relentless representation to the people of Pensacola.

Don’t wait to seek the justice your family deserves. Call Caldwell Wenzel & Asthana, PC at (251) 444-7000 to speak with a birth injury lawyer today.