Florida Birth Injury Fractures Lawyers

At Rafferty Domnick Cunningham & Yaffa, we recognize the profound emotional, physical, and financial toll that birth injury fractures can impose on families. These injuries often arise unexpectedly during the birthing process, leaving families to manage the immediate medical concerns and navigate complex treatment options for their newborn. Our firm is dedicated to helping families affected by these incidents pursue justice and compensation for medical expenses, future care, and other damages. Our compassionate team of Florida birth injury fractures lawyers are here to support you through each step of the legal process.

Understanding Birth Injury Fractures in Newborns

Birth injury fractures refer to bone injuries sustained by a newborn during labor and delivery. These injuries can vary in severity and location but frequently involve the clavicle, femur, and occasionally other bones. Birth injuries are often linked to challenging deliveries or improper medical procedures, and they require careful management to ensure the child’s best chance for recovery and growth.

Common Types of Birth Injury Fractures

Birth injury fractures occur when a newborn sustains a broken bone during labor or delivery. These injuries vary in severity and location but commonly affect specific bones due to their fragility and the pressures of childbirth. Common types of birth injury fractures include:

1. Clavicle (Collarbone) Fractures
   The clavicle, or collarbone, is one of the most frequently fractured bones during delivery, primarily due to its location and the pressures exerted during birth. These fractures can happen if the newborn’s shoulder becomes lodged, often due to shoulder dystocia, a complication where the baby’s shoulder is obstructed by the mother’s pelvis. Although usually manageable with non-surgical treatments, clavicle fractures require careful immobilization, often using swaddling techniques, and proper monitoring to prevent further discomfort or complications.
2. Femur (Thigh Bone) Fractures
   Femur fractures in newborns are less common than clavicle fractures but are particularly concerning due to the thigh bone’s size and role in mobility. These fractures can occur in breech deliveries or during difficult vaginal births where excessive force is applied. Treating femur fractures in newborns generally involves placing the leg in a splint or cast to ensure stability during healing. Close monitoring is required to prevent developmental complications as the child grows.
3. Humerus (Upper Arm Bone) Fractures
   Humerus fractures occur when excessive pressure is applied to the newborn’s upper arm, often in difficult or instrument-assisted deliveries. This type of fracture can cause significant pain and limit movement, and it often requires a cast or splint to facilitate proper healing. Pediatric orthopedic specialists typically oversee the healing process to ensure normal arm function as the infant grows.
4. Skull Fractures
   Skull fractures in newborns are rare but can be severe. They are typically associated with complicated or prolonged deliveries, particularly if delivery tools such as forceps or vacuum extractors are used improperly. Skull fractures can range from minor fractures that heal on their own to more serious fractures that may impact brain function. Specialized medical intervention, sometimes including neurology consultations, is necessary to manage and monitor skull fractures for any neurological impact.
5. Rib Fractures
   Rib fractures may occur due to significant compressive forces on the newborn’s chest during a challenging delivery or as a result of improper handling. While rib fractures can be painful, they generally heal with rest and supportive care. Monitoring for breathing difficulties is essential, as rib fractures can lead to respiratory complications if not carefully managed.

Why Birth Injury Fractures Happen

Birth injury fractures can occur due to a variety of factors during labor and delivery, ranging from complications with the newborn’s positioning to improper medical practices. Contributing factors include:

Medical Mismanagement and Delivery Errors
Improper use of delivery instruments such as forceps or vacuum extractors, or the application of excessive force during delivery, can result in fractures. These tools, when not used with caution, place high levels of pressure on the infant’s delicate bones.

Prolonged or Complicated Labor
Long labor or deliveries involving certain complications can significantly increase the risk of fractures. The prolonged physical strain on the baby’s body during extended labor periods heightens the potential for injury.

Maternal Health Conditions
Conditions such as gestational diabetes, high blood pressure, or obesity may lead to delivery complications that increase fracture risks. For example, gestational diabetes often results in larger infants, which can complicate the delivery process and increase the likelihood of fractures.

Macrosomia (High Birth Weight)
Babies with a high birth weight, often referred to as macrosomic, are at greater risk for fractures due to the physical challenges associated with delivering a larger infant. The size of the infant can place additional strain on certain bones during delivery.

Improper Handling of Delivery Complications
Failing to address complications like breech positioning or shoulder dystocia can lead to fractures as the baby is maneuvered through the birth canal. Quick and informed decision-making by the delivery team is critical to avoid unnecessary pressure on the baby’s body.

Consequences of Birth Injury Fractures

The effects of birth injury fractures extend beyond the initial pain and discomfort. These injuries can also lead to significant, lasting impacts on both the child and the family, including:

Immediate Pain and Restricted Movement
Fractures can be painful for newborns, causing them to be more irritable and limiting their ability to move freely. Parents often need to learn special techniques for handling, swaddling, and comforting their child.

Developmental Delays
Some fractures, if not properly managed, may affect an infant’s ability to reach milestones like crawling, walking, or even using their arms and legs. For example, a poorly healed femur fracture may delay the infant’s ability to stand or walk.

Need for Ongoing Medical Treatment
Fractures may require repeated medical evaluations, including imaging tests, physical therapy, or even surgical interventions. These ongoing needs contribute to both the emotional and financial strain on families.

Emotional and Financial Strain on Families
Caring for an infant with a birth injury fracture can cause significant emotional stress for parents and families, as well as financial strain due to additional medical bills, lost income from taking time off work, and the need for specialized care.

Our Approach to Handling Birth Injury Fracture Cases

At Rafferty Domnick Cunningham & Yaffa, our approach to birth injury cases is centered on meticulous investigation, compassionate support, and relentless advocacy. Our firm handles each case with the utmost care, focusing on:

Comprehensive Investigation
We gather detailed medical records, delivery notes, and expert testimony to examine the sequence of events leading to the injury. Our goal is to establish clear evidence of any mismanagement or negligence that contributed to the fracture.

Determining Accountability
Our team identifies responsible parties, such as physicians, nursing staff, or the hospital, and holds them accountable for their actions. This step often involves pinpointing instances where standard care practices were not followed.

Seeking Maximum Compensation
We fight for full and fair compensation to cover medical expenses, anticipated future care, pain and suffering, and any loss of income experienced by caregivers. Our goal is to ensure that families can focus on healing without financial stress.

Offering Support Throughout the Legal Process
Birth injuries are a deeply personal matter. Our team remains available to answer questions, keep clients informed, and provide compassionate support throughout the entire case process.

Filing a Claim for a Birth Injury Fracture

Filing a claim for a birth injury fracture with Rafferty Domnick Cunningham & Yaffa involves several steps designed to simplify the process for families:

1. Free Initial Consultation and Case Evaluation
   During this consultation, we review the details of your case, assess available medical records, and discuss potential negligence. This helps us determine the best course of action.
2. Evidence Collection and Expert Testimony
   We obtain and analyze detailed medical records, diagnostic reports, and opinions from medical experts to validate the claim of medical negligence.
3. Filing the Lawsuit
   Once we establish a case, we file a lawsuit against the responsible parties, outlining the damages and compensation being sought for the injuries sustained by your child.
4. Settlement Negotiation
   In many cases, we are able to negotiate a fair settlement with insurance companies or hospital representatives. Our objective is to secure a settlement that fully addresses your needs.
5. Trial Representation if Needed
   If a settlement cannot be reached, our team is prepared to advocate vigorously in court, presenting a compelling case to seek the compensation your family deserves.

Types of Compensation for Birth Injury Fractures

Families affected by birth injury fractures may be entitled to several types of compensation, including:

Medical Expenses
Compensation covers current and future medical costs, including surgeries, hospital stays, physical therapy, and other necessary medical treatments.

Rehabilitation and Therapy Costs
Birth injury fractures often require physical or occupational therapy. Compensation can help cover these long-term therapy costs to ensure the child has the best chance for full recovery.

Pain and Suffering
Financial recognition of the physical and emotional pain endured by the newborn and the family, including the impact on the family’s emotional well-being.

Loss of Income for Caregivers
Compensation for parents or caregivers who need to take time away from work to care for the injured infant, covering lost wages or employment opportunities.

Future Medical Costs
A comprehensive assessment of potential future expenses if the child requires ongoing treatment, specialized care, or adaptive equipment.

Other Related Costs
This includes expenses such as transportation to medical appointments, adaptive equipment, and any additional support services needed.

Frequently Asked Questions (FAQs)

What causes fractures in newborns during birth?
Fractures may result from difficult labor, improper use of delivery tools, or complications arising from the baby’s size or position. These injuries can sometimes be preventable with proper care.

How are birth injury fractures diagnosed?
Fractures are typically identified through a physical examination and imaging tests, such as X-rays, especially if swelling, pain, or restricted movement is noted.

What treatment options are available for birth injury fractures?
Treatments often include splints, casts, and in severe cases, surgery. Physical therapy may also be recommended to support healing and proper development.

Can birth injury fractures lead to long-term effects?
While many fractures heal well with proper care, others may result in developmental delays, especially if not addressed quickly and adequately.

How much time do I have to file a claim?
The statute of limitations varies by state, so it’s important to consult with our  Florida birth injury fractures lawyers promptly to ensure you do not miss important filing deadlines.

Contact Our Florida Birth Injury Fractures Lawyers at Rafferty Domnick Cunningham & Yaffa Today

If your family has been impacted by a birth injury fracture, Rafferty Domnick Cunningham & Yaffa is here to support you. With decades of experience, our Florida birth injury fractures lawyers are committed to advocating for justice and securing the compensation necessary to support your child’s recovery. Contact us today for a free consultation and let us help you explore your legal options.