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Wrongful Death Birth Injury Lawyer in West Palm Beach

Losing a child due to a preventable birth injury is an unimaginably devastating experience that no parent should ever have to endure. The profound grief, anger, and sense of injustice that accompany such a tragic loss can leave families struggling to cope with overwhelming emotional turmoil. While no amount of compensation can truly heal the pain of losing a cherished child, pursuing a wrongful death birth injury lawsuit against those responsible can provide a sense of accountability and financial relief during this challenging time.

At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., our compassionate wrongful death and birth injury lawyers understand the immense emotional trauma you’re experiencing. We’ve guided countless families through the legal process of pursuing a wrongful death claim related to preventable birth injuries, pursuing the compensation they deserve while handling their cases with the utmost sensitivity and professionalism. Call us today at (561) 689-8180 or contact us online for a free consultation about your case.

Understanding Wrongful Death Birth Injury Lawsuits

A wrongful death birth injury lawsuit is a civil action filed by the surviving parents or the estate of a deceased infant against the medical professionals, hospital, or healthcare facility responsible for the child’s untimely death. These lawsuits seek to hold the negligent parties accountable and recover damages for the immeasurable emotional and financial losses suffered by the grieving family.

In the state of Florida, a wrongful death birth injury claim can arise from various circumstances, including:

  • Failure to diagnose or treat maternal infections during pregnancy
  • Inadequate monitoring of fetal distress during labor and delivery
  • Delayed or improper performance of a necessary cesarean section
  • Misuse of forceps, vacuum extractors, or other delivery tools
  • Failure to diagnose and treat infant respiratory distress, hypoxia, or asphyxia
  • Improper resuscitation or neonatal care

To prevail in a wrongful death birth injury lawsuit, the plaintiff (the surviving family or estate) must prove that the healthcare provider’s negligence or substandard care directly caused the infant’s death.

Skilled Wrongful Death Birth Injury Lawyers Advocating for Your Family

At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., our skilled wrongful death birth injury lawyers understand Florida’s complex medical malpractice and wrongful death laws. We work tirelessly to investigate the circumstances surrounding your child’s tragic passing, gather crucial evidence, and build a compelling case demonstrating the healthcare provider’s liability.

Our wrongful death birth injury lawyers have successfully represented clients in various situations, including:

  • Stillbirths and neonatal deaths due to untreated maternal infections
  • Infant deaths caused by hypoxic-ischemic encephalopathy (HIE)
  • Fatal birth asphyxia and respiratory distress
  • Wrongful deaths resulting from improper use of delivery instruments
  • Fatal birth injuries caused by delayed or mishandled emergency C-sections
  • Infant deaths due to undiagnosed or untreated congenital conditions

A successful wrongful death birth injury lawsuit can provide financial relief and a sense of justice to grieving parents. However, we acknowledge that no amount of money can truly compensate for the profound loss of a child. Depending on the circumstances, surviving family members may be entitled to recover money for:

  • Medical expenses related to the birth injury and subsequent treatment
  • Funeral and burial costs
  • Loss of the child’s future income and financial support
  • Emotional distress and mental anguish suffered by the parents
  • Loss of the child’s companionship, love, and affection

Compassionate Support Through an Emotionally Challenging Process

Our wrongful death and birth injury lawyers at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. recognize that pursuing legal action may seem overwhelming as you grapple with the profound grief of losing a child. That’s why we strive to provide compassionate guidance and unwavering support throughout the legal process.

From the moment you reach out to us, we will listen to your story, understand the unique circumstances surrounding your tragic loss, and empathize with your emotional distress. We’ll explain the legal process in clear, easy-to-understand terms and keep you informed at every stage of your case. We’ll fight relentlessly to hold the negligent medical professionals accountable and secure the maximum compensation your family deserves.

Wrongful Death Birth Injury Lawsuit Statute of Limitations

It’s crucial to act fast when pursuing a wrongful death or birth injury claim, as Florida has strict statutes of limitations in place. In most cases, you must file the lawsuit within two years of the infant’s death. However, exceptions and extensions may apply in certain situations, such as when the cause of death was not immediately apparent or if the healthcare provider intentionally concealed their negligence.

Our experienced wrongful death birth injury lawyers will meticulously evaluate your case to ensure you meet all legal deadlines, and your rights are fully protected.

Wrongful Death Birth Injury Settlement Distribution

In Florida, the proceeds from a successful wrongful death birth injury lawsuit are distributed according to state law, which prioritizes the surviving parents and the infant’s estate. Factors that may influence the distribution of settlement funds include:

  • The emotional and financial dependency of each surviving parent
  • The presence of other surviving children in the family
  • The allocation of funds to cover medical expenses, funeral costs, and legal fees

Wrongful Death Birth Injury Settlement Amounts

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The value of a wrongful death birth injury settlement can vary significantly depending on several factors, including:

  • The severity and permanence of the birth injury that led to the infant’s death
  • The degree of negligence or malpractice exhibited by the healthcare provider
  • The strength and availability of evidence supporting the claim
  • The emotional and financial losses endured by the surviving parents and family

While no “average” settlement amount exists because all wrongful death cases are based on different issues, wrongful death and birth injury cases can result in substantial sums, particularly in instances involving clear medical negligence and the tragic loss of a child with their entire life ahead of them.

Speak with a Compassionate Wrongful Death Birth Injury Lawyer Today

If the unthinkable has happened and you’ve lost a cherished child due to a preventable birth injury caused by medical negligence, do not hesitate to seek skilled and compassionate legal representation. The experienced wrongful death birth injury lawyers at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. are here to guide you through this emotionally challenging process every step of the way. Our dedicated team will fight tirelessly to secure the justice and maximum compensation your family deserves as you navigate this difficult time.

Contact us today at (561) 689-8180 or through our online contact form to schedule a free, confidential consultation with a caring, wrongful death, birth injury lawyer. We’ll listen to your story, assess the merits of your case, and provide you with the compassionate legal guidance and unwavering support you need during this heartbreaking chapter in your life.

Last Updated : June 18, 2024
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