From day one, the Law Offices of Anidjar and Levine protect your family’s rights, investigate with independent obstetric and neonatal experts, and preserve essential evidence under Florida’s strict pre-suit rules and statutes of limitations.
We reconstruct the labor and delivery timeline, secure complete medical records, and translate findings into persuasive proof.
Our team negotiates firmly with insurers and hospitals while preparing for litigation to pursue full compensation and a thorough life care plan.
To learn more about your options, see our Medical Malpractice Injury Lawyer page; the following sections explain what to expect and how we help.
Key Takeaways
- Choose a Florida lawyer specializing in birth injury/medical malpractice with proven verdicts, settlements, and trial experience.
- Act quickly to preserve evidence and meet Florida statutes of limitations and repose, including tolling rules for minors.
- Expect complete case management: record collection, expert reviews (OB, neonatal, nursing), timeline reconstruction, and evidence preservation.
- Discuss contingency fee terms in writing, including costs, expense advancement, liens, and structured settlement planning?
- A lawyer should lead insurer/hospital negotiations with disciplined valuation and be ready to litigate to secure fair compensation.
How We Can Help With Your Florida Birth Injury Claim
From the first call to final resolution, we focus on protecting your family’s rights and building a strong birth injury claim. We listen closely, gather vital facts, and explain your options with clarity.
Dig Deeper: Anatomy of a Florida Birth Injury Case: A Step-by-Step Analysis
We coordinate immediate record preservation, secure witness statements, and map the evidence you’ll need to prove liability and damages.
We bring medical know-how to your case by consulting respected clinicians who can link the birth trauma to departures from accepted care. Their analyses help us translate intricate findings into clear, persuasive proof.
We manage legal timelines meticulously, file required notices, and meet every deadline to safeguard your claim.
We also lead insurance negotiations with a disciplined strategy, valuing your case accurately and resisting tactics that minimize losses. When a settlement won’t fully honor your child’s needs, we prepare for litigation with the same rigor.
Throughout, we communicate promptly, advise transparently, and pursue remedies that support your child’s long-term well-being.
Understanding Florida Birth Injury Cases
While every birth is unique, Florida birth injury cases share core legal and medical elements we must evaluate with care. We begin by confirming whether a duty of care existed, how that duty was breached, and whether the breach caused specific harm.
We examine prenatal counseling records, labor and delivery notes, and neonatal assessments, aligning them with accepted standards.
We then analyze timing, mechanism, and extent of injury using objective metrics and relevant birth statistics. This helps us quantify damages, including medical expenses, future therapies, special education needs, and loss of earning capacity. We document pain and suffering with disciplined, evidence-based narratives.
We also assess the statute of limitations and potential tolling for minors to preserve your claims. Expert testimony is vital, so we retain qualified obstetricians, pediatricians, and nurses early. Throughout, we coordinate care-focused resources, balancing rigorous advocacy with compassion.
Our purpose is to protect your family’s rights while promoting long-term stability.
Common Causes of Florida Birth Injuries
As we examine common causes of Florida birth injuries, we focus on delayed C-section decisions, improper fetal monitoring, misuse of delivery tools, and untreated maternal infections.
We explain how each error can compromise a newborn’s oxygen supply or cause trauma, and we identify the warning signs that suggest preventable negligence.
We also outline the evidence we need to prove fault, including medical records, monitor tracings, and expert assessments.
Delayed C-Section Decisions
Although every labor is unique, delayed decisions to perform a Cesarean section are a well-documented cause of preventable birth injuries in Florida.
When minutes matter, we expect clinicians to apply rigorous risk assessment, weigh maternal and fetal conditions, and act within clear decision timelines. Prolonged hesitation can transform manageable complications into permanent harm, including oxygen deprivation and nerve damage.
We evaluate whether providers identified surgical indications, communicated promptly, and mobilized the necessary resources. We also examine staffing, on-call availability, and operating room readiness, because systemic barriers often slow urgent care.
Our role is to determine where the breakdown occurred, connect it to the injury, and pursue accountability. By enforcing standards, we help families secure treatment resources and drive safer, faster obstetric responses statewide.
Improper Fetal Monitoring
Too often, improper fetal monitoring turns a manageable labor into a preventable catastrophe. When providers fail to interpret fetal heart tracings accurately or delay escalation, oxygen deprivation and neurological injury can occur.
We review records methodically, evaluating whether continuous monitoring was indicated, whether alarms were ignored, and whether staff documented timely responses to concerning patterns.
We also evaluate electronic misreads, calibration errors, and gaps in charting that mask fetal distress. Hospitals must train staff to recognize changes in variability, decelerations, and tachycardia, and to communicate findings promptly to the obstetrician.
When systems break down, families bear the consequences. We work to establish accountability, align care with standards, and pursue recovery for medical costs, long‑term therapies, and supportive services that children and caregivers merit.
Misuse of Delivery Tools
Missteps with forceps or vacuum extractors can turn a difficult delivery into a preventable injury, and we scrutinize these events with exacting care.
When clinicians apply excessive traction, use improper angles, or persist too long, forceps misuse and flawed vacuum extraction can cause skull fractures, intracranial bleeding, brachial plexus damage, or facial nerve injuries.
We analyze decision-making, timing, and documentation to determine whether safer alternatives, including cesarean delivery, were unreasonably delayed.
We consult obstetrical experts, evaluate training and supervision, and assess whether informed consent addressed the heightened risks of instrumental delivery. Our investigation also considers device selection, cup placement, number of pulls, and abandonment thresholds.
If negligence caused harm, we pursue accountability, medical resources, and long-term support, centering your child’s recovery and dignity.
Untreated Maternal Infections
Overlooking or delaying treatment for maternal infections can turn a manageable condition into a preventable birth injury. We recognize how quickly an untreated UTI, Group B strep, or influenza can spread, altering the maternal microbiome and endangering the fetus.
When clinicians ignore symptoms, skip screening, or fail to administer timely antibiotics, the risk of placental inflammation, preterm labor, and neonatal sepsis rises. We evaluate prenatal records, culture results, and fetal monitoring to identify missed opportunities for intervention.
We also consider how providers managed fever, dehydration, and abnormal labs during labor. If protocols weren’t followed, we hold institutions accountable. Our goal is to secure resources for treatment, therapies, and long‑term support, while promoting safer practices that protect mothers and newborns across Florida.
Legal Rights of Florida Birth Injury Victims
While the aftermath of a birth injury can be overwhelming, Florida law provides clear rights and avenues for families to seek accountability and compensation. We’re entitled to pursue claims for medical negligence, recover damages for medical care, therapy, and future needs, and obtain compensation for pain, suffering, and loss of earning capacity.
We also retain the right to informed consent and honest disclosure, supported by rigorous patient advocacy and ethical standards of care.
Strong support networks help us steer through these rights with dignity and purpose.
Florida law empowers families after birth injury to pursue accountability, secure compensation, and uphold ethical, informed care.
- Courtroom doors opening, medical records organized, and expert voices clarifying what happened and why.
- A life care plan mapped across years, outlining therapies, equipment, home modifications, and education supports.
- A settlement or verdict will fund stability, restoring options for our child’s growth and well-being.
We must act within Florida’s statute of limitations and preserve evidence early. When we assert our rights, we protect our child, elevate standards of care, and serve other families.
Steps to Take After a Florida Birth Injury
When a birth injury occurs, we first secure immediate medical care to protect your child’s health and create a clear clinical baseline.
We then methodically document evidence and records, including medical charts, provider notes, test results, photographs, and a written timeline of events.
Finally, we consult an experienced Florida birth injury attorney to evaluate liability, preserve essential deadlines, and position your family for just compensation.
Seek Immediate Medical Care
Act quickly to secure immediate medical evaluation for both mother and baby, even if symptoms seem minor or delayed. Time matters, and swift action supports healing and safety.
We should call 911 or go to the nearest hospital for emergency stabilization if breathing issues, seizures, unusual lethargy, or uncontrolled bleeding appear. Even without urgent signs, request an immediate assessment by qualified neonatal and obstetric professionals, who can identify concealed complications and initiate treatment.
We recommend asking clinicians to monitor oxygenation, neurological status, and essential signs, and to order appropriate imaging or labs when indicated. Early treatment can prevent secondary harm and improve long-term outcomes.
We also encourage seeking referral to experts, including neonatology, maternal-fetal medicine, and lactation support, to guarantee coordinated care while the clinical picture evolves.
Document Evidence and Records
Even in the immediate aftermath of a crisis, we should begin preserving evidence with discipline and speed.
We document every relevant detail, including dates, times, names, and descriptions of events.
We request complete medical records, fetal monitoring strips, medication logs, and incident reports, and we store copies in secure, organized formats.
We photograph visible injuries and hospital equipment settings, noting locations and timestamps to protect metadata integrity.
We maintain original files whenever possible, avoiding edits that could alter metadata.
We also create a clear chain of custody for all records, labeling who collected each item, where it was stored, and when it was transferred.
We back up files in multiple secure locations.
We record witness accounts promptly, capturing verbatim statements and contact information.
Consult an Experienced Attorney
With evidence preserved and organized, we should promptly consult a Florida birth injury attorney who handles complex medical negligence claims. Early counsel helps us identify liable parties, evaluate causation, and secure independent medical reviews.
An experienced lawyer can connect prenatal counseling decisions, labor monitoring, and neonatal interventions to breaches of care, strengthening our claim. We’ll review deadlines, especially Florida’s statutes of limitations and repose, and map immediate steps that protect admissible proof.
We should ask about legal fees, retainer structures, and contingency agreements to ensure costs align with our family’s needs. A seasoned attorney will coordinate expert testimony, manage insurer communications, and negotiate with hospitals to avoid prejudicial missteps.
Together, we’ll set realistic objectives, outline damages, and pursue resources for ongoing therapies, adaptive equipment, and supportive services.
How a Florida Birth Injury Lawyer Can Help You
Although every case is unique, a Florida birth injury lawyer can quickly assess what went wrong, determine who’s responsible, and chart a path to compensation. We gather medical records, consult independent experts, and identify breaches in standards of care.
We also manage deadlines, preserve evidence, and handle communications with insurers, allowing you to focus on your child. Our role is both legal and practical, aligning advocacy with your family’s needs.
We coordinate resources that support healing, including parental counseling and financial planning, so decisions are steady and sustainable. We calculate damages with precision, projecting medical, therapy, and in-home care costs, while pursuing recovery through negotiation or litigation.
Our team stands beside you, making intricate processes understandable and manageable.
- We reconstruct the timeline of labor and delivery, translating medical data into clear findings.
- We develop a targeted strategy that balances speed, leverage, and risk.
- We present compelling evidence to secure accountability and meaningful relief.
Long-Term Effects of Florida Birth Injury Injuries
As we consider long-term effects, we must account for lifelong medical complications that can require ongoing therapies, surgeries, and specialized care.
We also recognize that cognitive and developmental delays may affect learning, communication, and independence, often necessitating individualized education plans and supportive services.
Collectively, we’ll address the emotional and family impact, including caregiver strain and financial pressures, and outline strategies to secure resources that sustain stability over time.
Lifelong Medical Complications
Even when the delivery room crisis fades, birth injuries can leave lifelong medical complications that shape every stage of a child’s development and adult life. We see chronic pain, muscle spasticity, seizures, orthopedic deformities, feeding difficulties, and respiratory issues that demand vigilant care.
Early intervention helps stabilize symptoms, preserve function, and reduce preventable deterioration.
We work with families to coordinate specialty care, durable medical equipment, and therapy schedules that align with school and community life. Lifestyle adaptations, including home modifications, adaptive communication tools, and mobility supports, can improve safety and independence.
Long-term medication management requires careful monitoring, as side effects may compound challenges. We also plan for progressions to adult providers to ensure continuity in neurology, rehabilitation, and pulmonary care.
Our role is to secure resources, enforce accountability, and build sustainable support systems.
Cognitive and Developmental Delays
When birth injuries affect the developing brain, cognitive and developmental delays can emerge across language, learning, attention, memory, and social-emotional skills, often becoming more apparent as academic and social demands increase.
We evaluate how these delays affect daily routines and classrooms, then align resources to support growth.
Early intervention is crucial because targeted therapies can build foundational skills and prevent widening gaps. We coordinate neuropsychological assessments, speech and occupational therapy, and individualized education planning to create measurable goals.
As children enter school, we help secure appropriate accommodations, including specialized instruction, assistive technology, and structured supports, to promote access to the curriculum. We also monitor progress, adjust services when milestones are missed, and guarantee compliance with state and federal education laws, protecting each child’s right to learn.
Emotional and Family Impact
Resilience meets reality for many Florida families after a birth injury, as daily caregiving demands, medical decisions, and financial pressures reshape routines and relationships.
We see how parental grief can surface in waves, challenging communication, and straining even strong partnerships. We prioritize counseling, respite planning, and clear care roles to reduce burnout and preserve dignity for all involved.
We also account for sibling adjustment, which often requires structured attention, honest dialogue, and predictable routines. We encourage age-appropriate explanations, shared family activities, and school coordination to support stability.
Extended family and community networks can amplify relief if engagement is organized and boundaries are explicit.
We guide families in documenting needs, pursuing benefits, and coordinating services. With disciplined planning, we create steadier ground for long-term wellbeing.
Proving Liability in Florida Birth Injury Medical Malpractice Cases
Although birth injuries can arise from many factors, proving liability in a Florida medical malpractice case requires us to connect a provider’s deviation from the accepted standard of care to the harm a child suffered.
We begin by identifying what competent practitioners would have done under the same circumstances, then documenting how the provider fell short. Medical records, fetal monitoring strips, medication logs, and hospital protocols form the backbone of this analysis.
We must then establish medical causation, showing the deviation was a substantial factor in producing the injury. To meet Florida’s stringent requirements, we rely on expert testimony from qualified obstetric, neonatal, and nursing authorities who can explain the mechanics of injury and rule out non-negligent causes.
We preserve evidence promptly, interview witnesses, and align timelines to demonstrate foreseeability and preventable risk. Throughout, we maintain compliance with presuit investigation rules and affidavits, ensuring the case rests on credible, methodical proof that serves the child’s best interests.
Compensation for Florida Birth Injury Damages
Having established how negligence caused the injury, we next focus on securing compensation that fully reflects a child’s lifelong needs and a family’s losses. We calculate damages methodically, beginning with past and future medical care, therapies, assistive technology, and accessible housing modifications.
We also address birth expenses, specialized transportation, and in-home support. When warranted, we pursue compensation for diminished earning capacity, special education services, and the profound non-economic harms of pain, suffering, and loss of enjoyment of life.
We work to resolve insurance disputes, coordinate benefits, and document every projected cost through credible experts. Life care planners, pediatric experts, and economists help us present a thorough damages model grounded in evidence, not speculation.
We also evaluate structured settlements and trusts to protect public benefits and provide stable funding over time. Our objective is clear: to secure resources that sustain the child’s development, relieve a caregiver’s burden, and honor the family’s long-term goals.
The Statute of Limitations for Florida Birth Injury Cases
Before we pursue any claim, we must negotiate Florida’s statute of limitations and related deadlines that strictly govern birth injury cases. These time bars protect evidence integrity, yet they can close the courthouse doors if we wait too long.
Our first task is to interpret the statute precisely, because different timelines may apply to injuries discovered at birth versus those identified later.
Florida law generally measures medical negligence claims from the date of the incident, with limited extensions for delayed discovery, and a separate statute of repose that ends claims after a hard cutoff. For minors, certain tolling provisions may extend the period, but they aren’t unlimited and often narrower than families expect.
We calculate filing deadlines immediately, confirm any pre-suit notice requirements, and document discovery dates with medical support.
Why You Need an Experienced Florida Birth Injury Lawyer
Deadlines and notice requirements are only the starting line; what follows demands seasoned judgment and focused advocacy.
Deadlines are only the start; what follows demands seasoned judgment and focused advocacy.
We step in to translate medical intricacy into explicit legal claims, connecting fetal monitoring data, delivery decisions, and neonatal records to show how birth trauma occurred.
We coordinate experts in obstetrics, neonatology, and life care planning to ensure the testimony is admissible and persuasive.
We also calculate full damages with precision. That means projecting therapy, equipment, home modifications, and attendant care, while addressing lost earning capacity and the cost of future medical innovations.
We safeguard evidence early, depose principal witnesses, and challenge insurers’ defenses grounded in hindsight bias or causation disputes.
We understand parental grief and the urgency to secure resources without sacrificing dignity.
We manage liens, preserve public benefits, and structure settlements to protect long-term care.
Throughout, we carry the procedural burden, keep you informed, and advance the case efficiently toward resolution or trial.
How to Choose the Right Florida Birth Injury Lawyer for Your Case
A focused approach helps families select counsel who can handle complex medicine and high‑stakes litigation.
We begin by confirming the lawyer’s exclusive focus on birth injury and malpractice, because specialization drives case strategy, expert selection, and negotiation strength. We then assess trial experience, asking for specific verdicts and settlements, as well as how often cases proceed to court.
We study parent testimonials for patterns of responsiveness, clarity, and compassion, not just outcomes. We verify credentials, including board certifications, professional honors, and leadership in relevant bar sections. We ask about access to pediatric neurology, obstetrics, and life‑care planning experts, since strong expert support often determines causation and damages.
Transparent fee structures matter. We request a written contingency agreement, percentages at each stage, litigation costs, and who advances expenses. Finally, we evaluate communication practices: who manages our file, expected updates, and decision timelines.
Collectively, these steps help us choose counsel who serves families decisively.
About the Law Offices of Anidjar and Levine
Stepping into your case with purpose, we introduce the Law Offices of Anidjar and Levine as a Florida firm committed to meticulous, client‑focused advocacy in birth injury and medical malpractice matters.
We center our work on families, prioritizing clear communication, careful investigation, and strategic litigation designed to secure accountability and needed resources.
Our firm’s history reflects steady growth, courtroom readiness, and disciplined negotiation.
We draw on a network of medical experts, life‑care planners, and economists to validate claims and quantify lifelong needs.
From the first consultation, we outline timelines, evidence requirements, and potential outcomes, so you understand each decision.
Client testimonials consistently highlight responsive counsel, direct attorney access, and reliable updates.
We measure success by results and by the stability we help restore.
Whether negotiating structured settlements or presenting intricate causation issues to a jury, we prepare thoroughly, act decisively, and remain accessible.
Your family’s recovery guides every step we take.
Frequently Asked Questions
Do You Handle Cases Involving Military or Federal Healthcare Facilities in Florida?
Yes, we handle cases involving military facilities and federal healthcare facilities in Florida.
We guide you through federal jurisdiction issues, including the Federal Tort Claims Act, administrative filing deadlines, and notice requirements.
We coordinate with base authorities, obtain medical records, and retain qualified experts.
We protect your rights while honoring service commitments, making sure your claim is timely, well-documented, and strategically presented.
We’re prepared to negotiate or litigate to achieve a just outcome for you and your family.
Can You Assist Families Seeking Special Education Services After a Birth Injury?
Yes, we assist families seeking special education services after a birth injury. We guide you through school evaluations, draft and review IEPs, and provide IE advocacy to secure appropriate supports, therapies, and placements.
We coordinate medical documentation, ensure compliance with IDEA timelines, and represent you in meetings and disputes. We also pursue compensatory education when services were delayed or denied.
Jointly, we protect your child’s rights, build strong records, and achieve sustainable educational outcomes.
Do You Offer Bilingual Legal Services for Spanish-Speaking Florida Families?
Yes, we offer bilingual legal services for Spanish-speaking Florida families. We provide Spanish-speaking outreach, clear interpretation, and translated documents, ensuring full understanding at every stage.
Our team completes Cultural competence training to communicate respectfully, steer community resources, and address culturally specific concerns.
We coordinate with schools and healthcare providers, maintain precise documentation, and meet deadlines.
We’re committed to equitable access to justice, and we welcome your questions to begin confidential, thorough representation.
How Do You Coordinate With Medical Liens and Medicaid After Settlement?
We coordinate with medical liens and Medicaid after settlement by auditing all asserted claims, then pursuing Medicaid negotiations and lien resolution to protect your net recovery.
We request itemized balances, challenge unrelated charges, and apply statutory reductions.
We communicate with providers, negotiate fair compromises, and secure written releases before disbursing funds.
We maintain transparent updates, document every step, and ensure adherence with federal and state rules, safeguarding your settlement while honoring legitimate reimbursement rights.
Can You Represent Out-Of-State Parents for Florida-Based Birth Injuries?
Yes, we can represent out-of-state parents for Florida-based birth injuries.
We guide you through jurisdiction, filing, and out-of-state guardianship issues, coordinating local counsel where needed.
We manage Interstate discovery efficiently, securing records, deposing witnesses, and enforcing subpoenas across state lines.
We appear in Florida courts, handle court approvals for minors, and maintain clear communication.
We also address liens and benefits coordination, ensuring your child’s needs remain central throughout litigation and settlement.
————————
We’re here to protect your child’s future and hold negligent parties accountable.
With rigorous investigation, trusted medical experts, and strategic advocacy, we build strong claims and pursue full compensation.
Time is crucial, so we’ll act quickly to preserve evidence and meet deadlines.
If you’re ready to discuss your options, we’ll provide a clear plan, honest guidance, and attentive support.
Contact the Law Offices of Anidjar & Levine today and let us begin pursuing the justice and financial security your family deserves.
Learn more about how we can help: Medical Malpractice Injury Lawyer
We Can Help.
