Being born can put immense stress and strain on the baby. In most cases, this does not result in injuries or complications beyond what your doctor can handle, and the vast majority of births involve no prolonged or permanent effects. However, many parents notice signs and symptoms of developmental problems or motor skill problems within the first few weeks or months of having their newborn at home.
If you suspect that your child might have weak movement or motor skill problems caused by birth injuries and complications, you may be entitled to take your doctor to court to seek compensation for the injuries your child faced. Our Miami attorney for weak movement caused by birth injuries may be able to research your case and fight to get you compensation for your child’s developmental issues. For a free legal consultation on your case, call Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676.
Birth Complications that Cause Muscle Weakness
Injuries and complications during birth can lead to significant weakness and weak movement in a newborn. In many cases, these complications involve issues with the baby’s bones or muscles that restrict their full range of motion or motor skills, but other more severe complications involve the baby’s brain or nervous system.
Musculoskeletal issues that lead to weak movement could involve any range of undiscovered injuries. This could involve internal bruising, pulled or strained ligaments, or even broken bones. Pulled muscles and underdeveloped musculature can also cause weakness.
Other complications are caused by problems with the child’s brain or nervous system that prevent them from fully activating their muscles or controlling their body like they should be able to. Brain injuries acquired during birth can be caused by damage from dropping the baby or pressing too hard on their skull. Many of these injuries occur because of unnecessary use of forceps or negligent forceps use.
Other brain injuries could occur because of a lack of oxygen. Without oxygen to the brain, brain tissue can die, causing developmental issues. This can come from umbilical cord strangulation or other injuries that cause suffocation through other complications.
Nerve damage can also cause muscle weakness in particular locations. For instance, a baby cramped while in the womb or birth canal can suffer damage to the cluster of nerves in their shoulder (the brachial plexus) or another location in their body, causing muscle weakness, numbness, or even paralysis in the affected area. Cramped neck injuries can cause damage to the spinal cord, potentially affecting motor skills and nerve impulses throughout the body, leading to weakness.
Some of these injuries cause immediate problems throughout the child’s body. Other injuries set the child up for developmental issues, so the parents will typically not notice the injuries and their full severity until the child begins to fall behind on development.
Suing a Doctor for Muscle Weakness in a Newborn
If your doctor was responsible for causing the child’s birth injuries, you may be entitled to sue them for those injuries. Doctors owe their patients a duty of care under Florida law. This duty requires them to provide reasonably sufficient medical care to any patient they agree to take on. This means that the doctor needs to be prepared and trained to deal with complications and problems. During delivery, these problems arise all the time, and it is typically only through a doctor’s inability to resolve the issue that injuries occur.
Just because the baby suffered injuries does not automatically mean that the doctor is automatically at fault. Some injuries are simply unavoidable because of our current limitations in medicine or because doctors are human and sometimes make reasonable errors. However, if the injury was avoidable, your doctor was likely required to avoid the injury. Many injuries your doctor causes through negligence, carelessness, inattention, or lack of skill can justify a lawsuit.
To prove that your doctor was indeed responsible for your injuries, you may need to take your case to trial. During a jury trial, you can present witnesses and evidence to help support your claim against the doctor. One of the most important witnesses is actually required by law in most medical malpractice claims: a medical expert who can present evidence of the standard of care and how the doctor’s actions fell below that standard. This expert will be an essential part of building your case and can testify as to how your doctor’s actions fell short of the reasonable standards Florida law requires a doctor to follow.
If your lawsuit is successful, you should be able to claim damages for the injuries your child faced and the damages your family incurred. Typically, parents claim the cost of medical bills as part of a birth injury case as well as damages for the child’s pain and suffering. In addition, you may be able to claim damages for the child’s future medical bills and pain and suffering as well as future lost wage damages if your child’s muscle weakness is part of a permanent disability that will affect them going forward.
Call Our Miami Infant Weakness and Childbirth Injury Lawyer for a Free Consultation
If you recently gave birth and discovered that your child suffered from significant muscle weakness or weak movement, you may be entitled to compensation. If your doctor committed medical malpractice and allowed your baby to suffer injuries or avoidable complications during their birth, you may be entitled to financial compensation for their injuries and health conditions. To learn more about your options, call Prosper Shaked Accident Injury Attorneys PA’s Miami lawyer for infant weakness from birth complications today. Our number is (305) 694-2676.