Florida Birth Injury Lawyers

Bringing a child into the world should be a joyous occasion, but when medical negligence leads to a birth injury, families face unexpected challenges. If your child suffered a birth injury due to medical malpractice in Florida, you may be entitled to compensation. Our Florida birth injury lawyers are committed to helping families seek justice and financial relief for medical expenses, ongoing care, and emotional distress.

What is a Birth Injury?

A birth injury is harm suffered by an infant during labor, delivery, or shortly after birth due to medical errors, negligence, or improper care. While some birth injuries are minor and resolve on their own, others result in long-term disabilities requiring extensive medical treatment.

Common Types of Birth Injuries

Birth injuries can vary in severity and impact a child’s development. Some of the most common birth injuries include:

• Cerebral Palsy: A neurological disorder caused by brain damage, often due to oxygen deprivation during birth.
• Brachial Plexus Injury (Erb’s Palsy): Nerve damage affecting arm movement, often caused by excessive force during delivery.
• Hypoxic-Ischemic Encephalopathy (HIE): Brain damage caused by oxygen deprivation, leading to developmental delays.
• Fractures: Clavicle or skull fractures resulting from improper delivery techniques.
• Facial Paralysis: Damage to facial nerves due to forceps or vacuum extraction.
• Meconium Aspiration Syndrome: When a baby inhales meconium (early stool), leading to respiratory issues.

How Medical Negligence Leads to Birth Injuries

Doctors, nurses, and medical staff have a duty to provide safe and competent care during pregnancy, labor, and delivery. When they fail to do so, serious birth injuries may occur. Examples of medical negligence include:

• Failure to monitor fetal distress: Ignoring warning signs of oxygen deprivation.
• Improper use of forceps or vacuum extraction: Leading to head trauma and nerve damage.
• Delayed C-section: Failure to perform an emergency cesarean when needed.
• Medication errors: Administering incorrect dosages that affect the baby’s health.
• Failure to diagnose infections: Maternal infections like Group B Strep can harm the baby if untreated.

Florida Laws on Birth Injury Medical Malpractice

Florida has strict laws governing medical malpractice cases, including Florida birth injury claims. Understanding these laws is often crucial when pursuing compensation.

Statute of Limitations for Birth Injury Cases in Florida

Florida law generally requires medical malpractice claims to be filed within two years from when the injury is discovered. However, birth injury claims may have exceptions that extend this period, particularly if the injury is not immediately apparent.

Florida’s Pre-Suit Requirements

Before filing a medical malpractice lawsuit, Florida law requires claimants to conduct a pre-suit investigation, including obtaining an affidavit from a medical expert confirming that negligence likely occurred.

Florida Birth-Related Neurological Injury Compensation Act (NICA)

Florida has a unique program called NICA, which provides compensation for families whose children suffer catastrophic brain injuries during labor. However, not all birth injuries qualify for NICA, and families may need to pursue a separate medical malpractice claim.

Compensation for Birth Injury Victims

Families affected by birth injuries may be entitled to compensation for various damages, including:

• Medical Expenses: Past and future medical care, surgeries, and therapies.
• Rehabilitation Costs: Physical therapy, occupational therapy, and speech therapy.
• Specialized Equipment: Wheelchairs, braces, and assistive devices.
• Lost Wages: If parents need to leave work to care for the child.
• Pain and Suffering: Compensation for emotional distress and diminished quality of life.
• Home Modifications: Adjustments to accommodate mobility challenges.

Why Hire a Florida Birth Injury Lawyer?

Birth injury cases involve complex medical and legal issues. A Florida birth injury lawyer can:

• Investigate medical records and expert testimonies.
• Determine whether medical negligence occurred.
• Negotiate with hospitals and insurance companies.
• Fight for maximum compensation in court, if necessary.

FAQs About Florida Birth Injury Claims

How do I know if my child’s birth injury was caused by medical malpractice?

A birth injury lawyer can review medical records, consult with experts, and determine whether negligence played a role in your child’s injury.

How long do I have to file a birth injury lawsuit in Florida?

The statute of limitations is generally two years from when the injury is discovered, but some exceptions apply for minors.

Does my case qualify for the NICA program?

Not all birth injuries qualify for Florida’s NICA program. A lawyer can assess whether your case falls under NICA or if a separate lawsuit is necessary.

How much compensation can I receive for a birth injury case?

Compensation varies based on medical expenses, the severity of the injury, and long-term care needs. An attorney can help estimate potential damages.

What if my doctor claims the birth injury was unavoidable?

Hospitals and doctors may argue that birth injuries are natural complications. A legal investigation can uncover whether medical errors contributed to the injury.

Contact a Florida Birth Injury Lawyer Today

If your child suffered a birth injury due to medical negligence, you deserve answers and justice. Our Florida birth injury lawyers are here to help you fight for compensation and hold negligent medical professionals accountable.

Call us today at (800) 337-7755 or visit www.victimaid.com to schedule a free consultation.