As a mother quickly approaches the due date for her unborn child, her doctor should ensure that all steps are taken to ensure the safety of the child. When a doctor fails to ensure the safety of a mother and her child during pregnancy, the doctor could be held liable for malpractice. If you or your child was injured due to the negligence of a doctor, contact an experienced Miami cephalopelvic disproportion lawyer today.
Prosper Shaked Accident Injury Attorneys PA recognizes how a serious birth injury could affect a mother or her child, and we are here to help you fight for compensation for your injuries. To schedule a free legal consultation, contact the Law Offices of Prosper Shaked at (305) 694-2676. You can also contact us online.
Dangers of Cephalopelvic Disproportion
Cephalopelvic disproportion is a disorder where the pelvis of a pregnant mother is too small to fit a child’s head or body safely through the birth canal. This condition can be especially dangerous if a child is above the average weight for a newborn or the head of the child is larger than average.
Cephalopelvic disproportion can result in progression failure during a mother’s labor. As a result, a child could become distressed because they remained in the birth canal for too long. This could lead to a number of serious issues like asphyxiation or bruising birth injuries. If a doctor diagnoses a mother with cephalopelvic disproportion, they should also inform a mother that a cesarean section (C-section) would be a safer alternative to deliver the baby.
A mother could develop cephalopelvic disproportion under a variety of circumstances:
- The mother has a contracted pelvis that is unusually small
- The mother has bone growths in the pelvis that are known as pelvic exostoses
- The unborn child is situated in an awkward position (breech presentation)
- Hereditary issues
- The original due date for the unborn child has passed (postmaturity)
- Multiple pregnancies
A doctor typically cannot diagnose a mother with cephalopelvic disproportion until the mother enters labor. At this point, a doctor can identify cephalopelvic disproportion from a variety of factors. For example, if a mother’s labor does not progress as it should, this could be an indication of cephalopelvic disproportion. A doctor may also identify cephalopelvic disproportion by using an ultrasound or administering drugs that should speed up the labor process.
A mother should be apprised of all the dangers of having a child after being diagnosed with cephalopelvic disproportion. If a doctor fails to warn a mother of the dangers, they could be held liable for medical malpractice.
To learn more about when to file a medical malpractice lawsuit, you should continue reading and speak with an experienced Miami birth injury attorney today.
When to File a Medical Malpractice Lawsuit for Cephalopelvic Disproportion in Miami
If you are considering a medical malpractice lawsuit against the doctor or hospital that caused you or your newborn to suffer an injury, you should not waste any time as medical malpractice lawsuits are subject to the statute of limitations.
The statute of limitations determines the length of time that a claimant has to file a particular claim with the court. For example, a lawsuit based on personal injury may have a different filing date than a lawsuit based on medical malpractice. In Florida, the statute of limitations for a medical malpractice lawsuit is four years from the date of the malpractice.
Under some circumstances, a two-year filing deadline may apply when a claimant knew or should have known that they were a victim of malpractice. This filing deadline is typically reserved for when a mother or newborn was not aware that a doctor’s negligence caused them to suffer an injury. For example, it may take some time for a newborn to show symptoms of cerebral palsy due to malpractice.
If a claimant does not file their lawsuit before the expiration of the filing deadline, they risk the possibility of having their case dismissed by the court. Specifically, the defendant may successfully request that the case be dismissed because the plaintiff failed to adhere to the statute of limitations.
While four years is a significant amount of time to file a claim, it is important to leave your attorney with enough time to file your case. Waiting for an excessive amount of time before bringing your case to an attorney may affect the probability of an attorney accepting the case.
Damages Available for a Medical Malpractice Lawsuit for Cephalopelvic Disproportion
Provided that a plaintiff can prove how a doctor caused their injuries, the plaintiff can receive damages once they prevail in their lawsuit. Damages for a medical malpractice lawsuit are typically categorized into economic and noneconomic damages. Economic damages are awarded to provide a plaintiff with compensation for expenses related to their injury. Noneconomic damages are for injuries like mental anguish that are difficult to quantify.
The following is a list of damages that a successful plaintiff may be awarded in a medical malpractice lawsuit:
- Loss of wages/loss of future earnings
- Medical expenses
- Physical and emotional pain
- Expenses for medical equipment or rehabilitation
- Loss of enjoyment of favorite activities
If a medical mistake resulted in the death of a loved one, it may be possible to recover damages in a wrongful death lawsuit.
Our Experienced Miami Cephalopelvic Disproportion Injury Attorney is Here for You
If you or your child was injured due to medical malpractice, consult with an experienced Miami cephalopelvic disproportion attorney today. With a wealth of experience litigating intricate medical malpractice lawsuits, Prosper Shaked is prepared to use his knowledge to fight for you. To schedule a free legal consultation, contact the Law Offices of Prosper Shaked at (305) 694-2676.