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For more
than 15 years, the Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. has represented
those who have been seriously injured. Through
experience and education, our firm is able to expertly
evaluate medical injuries and pursue birth injury claims
on behalf of our clients. We are a statewide litigation
firm committed to protecting the safety of Florida’s
families since 1988, and have recovered more than $100
million in verdicts and settlements for our clients.
While nothing can compensate for the trauma of a child
who has a birth defect or injury, our legal experts can
help ensure that you receive the resources to provide
some comfort and monetary consideration for the care of
your child.
Statistics show that approximately 27 of every 1,000
births in the United States results in a birth injury. A
"birth injury" is defined as any type of
damage to an infant's body before, during or just after
birth. Birth defects can cause death, or mental and
physical impairment. While a birth defect may be genetic
in origin, it can also occur as a result of a mother’s
exposure to chemicals, disease, and environmental toxins
while the baby is developing (in utero).
The March of Dimes cites 60 percent of birth defects as
due to unknown causes; however, thousands of
developmental defects and fetal deaths are attributable
to an expectant mother’s exposure to toxic substances.
Studies have shown that women living within two miles of
a landfill have an increased chance of giving birth to a
baby with spina bifida, a hole in the heart, or other
defects. Pregnant women exposed to high levels of
pollutants have almost three times the risk of
delivering an infant with a cardiac problem.
Polychlorinated biphenyls (PCBs) are well documented
hazards to pregnant women and may inhibit a child’s
intellectual ability, short and long-term memory and
attention span. Microcephaly (an abnormally small head
circumference) is caused by detrimental in utero factors
such as pharmaceutical drugs, radiation, or a mother’s
prenatal infection of rubella (German measles).
Heavy metals (gold, lead, mercury), cleaning solutions,
paint, caffeine, radiation and drugs and alcohol are
also culprits in causing birth defects. Manufacturers
who fail to inform (via labeling) pregnant women of the
risk can be held responsible for the birth defects
caused by their products.
During labor and delivery, medical complications can
result in birth injuries. Doctors and health care
professionals must exercise the utmost care to avoid
injury to babies during the especially vulnerable times
of labor induction, Cesarean section, and mechanically
assisted (forceps) births. Babies who experience severe
oxygen deprivation to the brain, or head trauma, during
these delicate obstetrical procedures often die or face
disabilities. Approximately 10,000 babies each year
develop cerebral palsy (a condition which impacts the
ability to control movement) as a result of oxygen
deprivation. Oxygen shortage also causes
hypoxic-ischemic cephalopathy brain damage. Other types
of traumatic obstetric birth injuries include prenatal
asphyxia, Erbs Palsy or Brachial Plexus Palsy, Klumpke's
Palsy, Torticollis, and Shoulder Dystocia. Fractures,
spinal cord trauma, cephalohematoma and intracranial
hemorrhage may be the result of preventable obstetrical
damage. Medical providers may be held liable for:
- Difficult or prolonged labor (often due to a large
baby);
- Failing to detect the umbilical cord wrapped
around a baby’s neck;
- Unreasonable delay in performing an emergency
Cesarean section;
- Failure to test and treat conditions during
pregnancy, or misdiagnosis
- Failing to recognize negative fetal signs
There are many "natural" circumstances
wherein oxygen deprivation can occur during the labor
and delivery process: the umbilical cord can become
compressed or twisted in the birth process; the baby is
too large to pass through the birth canal easily, or the
baby is breach or sideways in the womb.
There are also many circumstances where brain damage or
brain injuries are caused by mistakes made by doctors,
hospitals or other medical professionals during the
delivery process: a delay in performing a necessary
C-section delivery, complication with a VBAC (vaginal
birth after C-section) delivery - such as uterine
rupture, use of excessive force during the delivery, or
a miscalculation in the size of the baby, causing a
traumatic delivery.
An experienced birth injury lawyer should be consulted
if your infant has suffered a birth trauma and you
suspect those injuries were caused by medical
negligence. The attorney should be consulted immediately
after birth, even if the extent of the injuries and
damages are not yet known. Appropriate discovery is
essential to knowing whether there is a case, and to
knowing what the likely costs will be that are
associated with any permanent injury.
We are on your side. The aggressive litigation skills
of Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. lawyers have resulted in
significant jury verdicts and recoveries for our clients
against numerous large corporations and insurance
companies. If your child has suffered a birth defect, a
mild or traumatic birth injury, or if you have lost an
infant due to medical error or negligence, please
contact the Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. today via our online
contact
form, or call our Orlando office at (407) 381-4123,
or our Kissimmee office at (407) 846-2240. |
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