Estero Birth Injury Lawyer
Most pregnant women depend entirely on their doctors to make decisions for all their medical care. Because of this complete reliance, doctors have a fiduciary duty to do what’s best for their patients and disregard all other priorities. As a result, almost any medical mistake is negligence, or a lack of care. Doctors have almost no margin for error. The lives of the mother and the baby inside her are almost literally in the doctor’s hands.
Like doctors, the experienced Estero birth injury lawyer at Cardinal Law has a fiduciary duty to do what’s best for their clients. Unlike many doctors, we willingly embrace this responsibility. We understand that your future, and your family’s future, is at stake. We also understand that many negligent doctors believe they’re untouchable. This understanding motivates us to work extra hard to obtain maximum compensation for your serious injuries.
Common Birth Injuries
SD (Shoulder Dystocia), a condition the doctor should detect during the prenatal care process, is one of the most common causes of birth injuries. If a baby’s shoulders are too large, the baby gets stuck in the mother’s birth canal. If that happens, the umbilical cord could curl around the baby’s neck, cutting off oxygen and causing cerebral palsy.
CP onset begins in about five minutes. When the situation is desperate, many doctors, like the rest of us, resort to desperate measures. These measures include:
- Episiotomy: Until recently, doctors almost always cut incisions into the mother’s perineum (area between the anus and genitals) to widen her birth canal. But the American Academy of Pediatrics recently cautioned against this practice, as it often causes uncontrollable maternal bleeding.
- Forceps: Doctors use these surgical salad tongs to pry babies out of their mothers. This practice originated in the 1700s and has not changed much since. Forceps use often causes permanent head injuries to delicate fetal skulls.
- Vacuum Extractor: A vacuum extractor is basically a motorized pair of forceps. A doctor attaches a surgical vacuum to the baby’s head and tries to literally suck the baby out of the mother. Once again, this brutal tactic often causes serious injuries to delicate newborns, many of whom aren’t much heavier than a two-liter bottle of soda.
Doctors often justify these interventions by saying they were unprepared. Indeed, the aforementioned prenatal care process is often compressed. Many mothers walk into hospitals ready to deliver their babies, having not seen a doctor. However, this compression doesn’t alter the duty of care. Doctors have the same responsibility, whether their patient is someone they have a close personal relationship with or is simply a name on a file.
Estero Birth Injury Lawyers and Responsibility Issues
Victory has a thousand fathers and defeat is an orphan. No one wants to accept responsibility for a tragic birth injury. Amidst all the finger-pointing, an Estero birth injury lawyer must identify the responsible party.
Usually, the doctor is legally responsible for birth injuries, at least in civil court. For insurance and other purposes, doctors can often blame nurses and other professionals for birth injuries and other problems. But for legal purposes, the doctor in charge is, well, the doctor in charge.
Usually, the hospital, clinic, or other entity that employed the doctor is financially responsible for birth injuries, according to the respondeat superior rule. This doctrine holds employers financially responsible for the negligence of their employees.
Damage awards in birth injury cases are usually high. Families must pay lifelong medical care bills without depending on government or charitable handouts. Additionally, significant punitive damages are available as well. Only large awards convince doctors to change the way they approach patient care.
Work With a Thorough Lee County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Estero birth injury lawyer, contact Cardinal Law, P.A. We routinely handle matters throughout the Sunshine State.
