Florida Birth Injury Lawyer

After your child’s birth injury diagnosis, you may be concerned about providing the best care for them. Speak with a birth injury lawyer in Florida as soon as possible to determine if you have a valid medical malpractice claim. Taking legal action could help you get the financial assistance you need to build a better future for your child.

Birth Injury Lawyers Group has been fighting on behalf of families since 2003. Over the years, we have built a track record of successful case results. Our birth injury lawyers will invest all our resources into the success of your case. Call today to schedule a free initial consultation.

Florida Birth Injury Attorneys Can Prove Negligence

Negligence refers to a failure by medical professionals to provide the standard of care that is reasonably expected during labor, delivery, or immediately after birth, resulting in harm to the baby. If their actions (or lack of action) lead to preventable injuries, they may be held legally responsible.

To prove negligence, our birth injury attorneys in Florida will prove the following key elements:

• Duty of care: This refers to the legal obligation that healthcare providers owe to their patients. In a birth injury case, doctors, nurses, and medical staff are expected to provide a standard of care that is consistent with what a reasonably competent professional would offer under similar circumstances.
• Breach of duty: Our attorneys must prove that the healthcare provider failed to meet the required standard of care. This breach can involve mistakes such as failing to monitor the baby’s vital signs or improperly using delivery tools like vacuums.
• Causation: It must be shown that the healthcare provider’s breach of duty directly caused the injury. This means demonstrating that the birth injury would not have occurred if the provider had acted appropriately and followed the proper standard of care.
• Damages: Lastly, our attorneys must establish that the injury resulted in measurable harm. Proving damages is crucial for obtaining compensation to cover the costs associated with the injury and its long-term impact on the child’s life.

These four elements form the foundation of a successful negligence claim in a birth injury lawsuit. Our team will investigate the case and use all available evidence to show how the at-fault party’s negligence caused your child’s birth injuries.

Common Types of Cases Our Birth Injury Attorneys in Florida Handle

You need a lawyer who will devote their time to fighting for accountability and responsibility for your child’s preventable birth injury case. Doctors and hospitals have deep pockets and expensive lawyers at their disposal. However, our experienced birth injury lawyers in Florida can go up against even the largest hospital corporations or insurance companies to help you win.

Our legal team has vast experience representing different types of birth injuries. We understand that each case is unique, so we create a personalized legal strategy that meets your family’s needs.

Our legal team includes:

• Florida brain damage lawyers: Brain damage occurs when a baby’s brain is harmed during labor, delivery, or shortly after birth, often due to complications that result in a lack of oxygen or physical trauma. This type of injury can lead to long-term developmental issues, including cognitive impairments and motor skill difficulties.
• Florida newborn brain hemorrhage lawyers: Newborn brain hemorrhage, or intracranial bleeding, can be caused by bleeding in or around a baby’s brain, often due to birth trauma, premature birth, or medical complications during delivery. Premature infants are particularly vulnerable because their blood vessels are more fragile.
• Florida umbilical cord birth injury lawyers: When the umbilical cord becomes compressed or twisted during labor and delivery, it can lead to complications for the newborn. This can happen if the cord is wrapped around the baby’s neck or if the cord is tightly compressed during contractions.
• Florida birth asphyxia lawyers: Birth asphyxia is a serious condition that occurs when a newborn does not receive enough oxygen during the birthing process. It can lead to significant health consequences, including brain damage, organ failure, and, in severe cases, death.
• Florida cerebral palsy lawyers: Cerebral palsy (CP) is a group of neurological disorders resulting from brain damage that affects movement, muscle tone, and coordination. This condition is permanent but not progressive, meaning the symptoms do not worsen over time.
• Florida Erb’s palsy lawyers: This injury typically occurs during childbirth, particularly in difficult deliveries or when excessive pulling is applied to the baby’s head. As a result, the affected arm may exhibit weakness, limited movement, or even paralysis, often presenting with the arm hanging by the side and the hand turned inward.
• Florida hypoxic ischemic encephalopathy lawyers: This birth injury occurs when a newborn’s brain is deprived of oxygen (hypoxia) and blood flow (ischemia). This lack of oxygen and blood flow can cause brain cells to become damaged or die, leading to significant neurological impairments.
• Florida brain ischemia lawyers: This condition can be caused by various factors, including complications during labor, maternal low blood pressure, or placental abruption. When the brain does not receive adequate oxygen, it can lead to cell damage or death, resulting in serious neurological issues.
• Florida infant broken bones lawyers: These fractures are most commonly seen in the clavicle (collarbone) but can also affect other bones, such as the humerus (upper arm) or femur (thigh). Symptoms of a broken bone in a newborn may include swelling, tenderness, limited movement in the affected limb, or a noticeable deformity.
• Florida infant cephalohematoma lawyers: Cephalohematomas appear as soft, raised bumps on the baby’s head and are caused by ruptured blood vessels beneath the scalp. While this injury can look concerning, it is generally not life-threatening and does not affect the brain.

If you suspect negligent doctors harmed your child, seek immediate legal representation. We will investigate the circumstances of the accident and determine if you have a valid birth injury claim. If you do, we will compassionately guide you through the legal process.

Florida Birth Injury Lawyer Near Me 1-800-222-9529

Damages You Can Recover for Your Child’s Birth Injury Case

Our legal guidance can help you recover losses you and your child have suffered due to their birth injury. Florida birth injury lawyers can ease your stress and financial burdens by helping secure compensation for you and your child’s losses.

Damages in a birth injury claim can include:

• Past and future medical bills
• Medical equipment and assistive devices
• Inability to work
• Special education costs
• Home modifications
• Therapy and rehabilitation
• Loss of quality of life
• Emotional distress
• Mental anguish

We can review your case and determine what damages you and your child are eligible for. We base your eligibility on the severity of your child’s pain and the level of negligence in your case.

How Much Money Can You Get From a Birth Injury Settlement?

In birth injury lawsuits, there is no minimum amount you can receive in a settlement. Instead, it all depends on your damages. After helping you identify your losses, a Florida birth injury lawyer will total your non-economic and economic damages and assign a value to your case that you should pursue for compensation.

Florida statutes authorize a cap of $500,000 on non-economic damages in medical malpractice lawsuits, which covers compensation for pain and suffering. However, in instances where the malpractice resulted in death or a vegetative state, there’s a $1,000,000 cap instead.

Common Causes of Birth Injuries

Birth injuries can occur when complications arise during labor or delivery, leading to harm to the newborn. These injuries can range from mild to severe, with some causing temporary discomfort and others leading to long-term disabilities.

Common causes of birth injuries include:

• Physical trauma from the use of delivery tools such as forceps or vacuum extractors
• Prolonged or difficult labor
• Oxygen deprivation (as seen in conditions like hypoxic ischemic encephalopathy)
• Complications like breech births or umbilical cord problems
• Delayed Cesarean sections
• Failure to monitor fetal distress
• Excessive use of labor-inducing medications
• Premature birth or low birth weight
• Maternal infections or untreated medical conditions
• Placental issues, such as placental abruption or placenta previa

A Florida birth injury attorney from our team will investigate the circumstances of your child’s birth injury and identify the cause. Based on our findings, we can plan the next steps and help you get the compensation you need.

The Difference Between Birth Injury and a Congenital Disability

The key difference between a birth injury and a congenital disability lies in when and how the condition occurs. A birth injury happens before, during, or shortly after delivery as a result of complications or trauma during the birthing process.

Congenital disabilities develop before birth, often due to genetic factors, environmental influences, or a combination of both. These defects occur while the baby is still in the womb, affecting the development of organs, tissues, or body structure.

While birth injuries are often preventable and linked to delivery-related events, congenital disabilities are usually not caused by the delivery process itself and may not be preventable.

You Have a Limited Time to File a Birth Injury Claim in Florida

After consulting with medical professionals to determine whether your child’s condition was caused by medical negligence, an attorney will pursue compensation for you and your child and hold the negligent parties responsible for their actions.

According to Fla. Stat. § 95.11(4)(b), you generally have two years but no later than four to file a medical malpractice claim under Florida’s statute of limitations. A Florida birth injury attorney can help you determine exactly how long you have to file.

Your time and money are valuable. Make sure you’re working with a compassionate legal team who wants to be your advocate through it all. While you can pursue a birth injury claim independently, hiring someone with experience with the tactics hospitals’ legal teams and insurance companies tend to use is in your best interest.

Florida Birth Injury Lawyers Will Guide You Through the Claim Process

Your lawyer can guide you through every step of filing a birth injury lawsuit and obtaining justice from negligent medical professionals and their hospitals. So, while you shift your priorities to your child’s care, having someone by your side who’s qualified to fight back against insurance companies and can help you win your case will be relieving.

Consultation

The first step to filing a claim and pursuing recovery for your damages is to contact an experienced birth injury lawyer who can review your case and your child’s diagnosis to help you decide how to move forward.

File a Claim

If your Florida birth injury lawyer believes you have a case, they can help you start the filing process. This usually begins with drafting and filing a petition to start your medical malpractice lawsuit.

Filing a claim is one of the most important steps because it sets your legal intentions. It’s important to be aware of the statute of limitations filing deadline because if you miss it, you and your injured child won’t be able to collect compensation.

Discovery

The discovery process is a critical component of any birth injury case. During this phase, your Florida birth injury attorney will gather all relevant evidence, such as medical records, the timeline of medical treatment, details of the birthing process, and documentation of medical errors.

This may include reviewing the medical staff’s actions before, during, and after delivery and assessing any medical care provided to you and your child. Your lawyer may also work with medical experts to confirm that the negligent doctor deviated from the standard of care required in the health industry.

Depositions

A deposition is a sworn testimony that helps your lawyer discover information a witness has that could be relevant to your case. You’ll get answers to questions about what happened before, after, and during the birth from medical professionals.

Investigation

If you’re working with an experienced birth injury law firm, they will have connections to medical experts. After consulting with them, your lawyer can file a pre-suit investigation to uncover the facts of your case.

These well-qualified nurses and doctors with experience related to birth injuries can assist your birth injury lawyer in analyzing your case to determine where medical professionals acted negligently.

Mediation

Mediation or settlement negotiations allow both parties to meet outside the court to agree on how much compensation the negligent parties owe you. In most instances, the case will finish here and never have to be presented to a judge.

Trial

If the case does not settle in mediation because of the defendant’s legal team and insurance company’s hesitation, your next step is to go to trial. Your skilled birth injury lawyer will present your case to a judge or a jury, call medical experts and witnesses to testify, and put your case in the hands of the jury. If your case wins, you will be issued a court award.

Contact Our Birth Injury Lawyers in Florida Today

The Birth Injury Lawyers Group is dedicated to representing families and victims of medical malpractice. If you think that your baby’s birth injury was caused by a physician, healthcare professional, or hospital administrator who did not perform their duties correctly, we urge you to contact our office right away.

Our Florida birth injury attorneys can provide a free case review to determine your family’s best course of action based on your options and what you’re eligible to recover.

Contact us today to schedule your free consultation. We take cases on a contingency fee, which means our clients spend nothing out of pocket until they receive compensation.