Medical malpractice cases involving infants are often complicated. Birth injuries can leave children with lifelong physical, developmental, or emotional challenges. And even when liability is clear, hospitals and insurance companies use all of their resources to minimize payouts.
If your child has suffered from medical negligence during birth, a Florida birth injury lawyer can help you seek justice. The team at Birth Injury Lawyers Group has won over $750 million for our clients. Our birth injury lawyers in Gainesville would like to help you obtain compensation as well.
Why Do I Need a Gainesville Birth Injury Lawyer?
If your child has been the victim of a birth injury, a lawyer can help by:
- Investigating the injury: A lawyer can gather medical records, consult expert witnesses, and analyze whether standard medical practices were followed.
- Identifying liable parties: An attorney can use evidence to determine who’s responsible for your child’s injury.
- Handling negotiations: A lawyer can handle communications with insurance adjusters and work to negotiate a fair settlement.
- Providing representation: If necessary, an attorney can argue your family’s case in court.
A Gainesville birth injury lawyer can make sure that your family receives justice for your child’s injury.
"If your child was born with a birth injury, or cerebral palsy, we can help."
What Is the Average Settlement for a Birth Injury?
Since every case is unique, there is no average settlement for a birth injury. Some families receive payouts in the low six figures, while others win settlements worth millions of dollars.
Some of the variables that will dictate your claim’s worth include the severity of the injury, your child’s current and future medical costs, and whether liability is clear. A birth injury attorney in Gainesville can evaluate your case and provide a more precise estimate.
Gainesville Birth Injury Lawyer Near Me (800) 222-9529
What Damages Are Available in a Birth Injury Lawsuit?
If your child has suffered harm due to the four “Ds” of medical negligence, you may be entitled to pursue several forms of compensation, including:
- Medical expenses: You can pursue compensation for hospital stays, surgeries, and ongoing medical care.
- Rehabilitation and therapy: You may be compensated for physical therapy, occupational therapy, or speech therapy.
- Special education and accommodations: You can seek damages to cover assistive devices, educational support, or modifications to your home.
- Lost future earning capacity: If your child’s ability to work is impacted, you can recover compensation for lost earning potential.
- Pain and suffering: You can pursue damages for the emotional trauma you and your child have endured.
- Punitive damages: In rare cases, punitive damages may be awarded to punish reckless or intentional misconduct.
An attorney can calculate your damages and ensure your settlement covers them.
"We know first-hand what you are going through."
How Long Do You Have to File a Birth Injury Lawsuit in Florida?
Per Florida Statute § 95.11, most medical malpractice lawsuits in Florida must be filed within two years of the date the injury was discovered or should have been discovered. In addition, the state imposes a statute of repose that prevents families from filing a lawsuit more than four years after the incident.
If you fail to file your claim within this window, you may lose your right to pursue compensation altogether, which is why you should consult a lawyer as soon as you discover your child’s injury.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Who Is Liable for My Child’s Birth Injury?
Parties who can be held liable for a preventable birth injury include:
- The obstetrician if they failed to monitor the baby’s condition or respond to complications
- Nurses or other staff if they neglected to provide proper care during delivery
- The hospital or clinic if unsafe policies, staffing shortages, or improper equipment contributed to the injury
- Medical product manufacturers if defective devices such as forceps or vacuum extractors played a role in the incident
An attorney can examine the facts of your case to determine who should be held accountable.
What Qualifies as a Birth Injury?
A birth injury refers to any physical harm a baby suffers during pregnancy, labor, or delivery due to medical negligence. Common examples include:
- Brain damage due to oxygen deprivation
- Cerebral palsy linked to delayed emergency response
- Nerve injuries like brachial plexus damage
- Skull fractures or head trauma from improper instrument use
- Developmental delays tied to untreated jaundice or infections
Not every complication qualifies as a birth injury, but if a medical professional failed to meet the proper standard of care, you may have a valid claim.
Common Causes of Birth Injuries
Some of the most common causes of preventable birth injuries include:
- Failure to monitor: Doctors or nurses may overlook signs of fetal distress.
- Incorrect use of delivery tools: Forceps or vacuum extractors can cause serious injuries if used incorrectly.
- Medication errors: Incorrect dosages given to the mother or child can have devastating effects.
- Delayed C–section: Waiting too long to perform a cesarean section may result in oxygen deprivation.
- Negligent prenatal care: Failing to detect infections, gestational diabetes, or other conditions can put both the mother and child at risk.
If the duty of care your child’s doctor is responsible for gets violated, you may have a viable claim.
Steps to Take After a Birth Injury
If you suspect your child has suffered a birth injury, it’s critical to take these steps:
- Get a medical evaluation: Take your child to a doctor and get them evaluated as soon as you can.
- Request medical records: You may need detailed documentation to prove negligence.
- Consult with specialists: Pediatric neurologists or other experts can help identify the cause and extent of the injury.
- Document everything: Keep track of your child’s medical bills and therapy costs, and take notes about their progress.
- Contact a lawyer: Reach out to a birth injury lawyer to find out whether you have a viable lawsuit.
Talk to a Birth Injury Attorney in Gainesville
A birth injury can change the course of your family’s life. If your child has suffered one, a Gainesville birth injury attorney from Birth Injury Lawyers Group can investigate the incident, build a strong case, and fight for the compensation your family needs to move forward.
Schedule a free case evaluation to find out how you can get justice for your child.
"We are committed to helping families who have suffered medical negligence."