What is a birth injury and how does it differ from a birth defect?

A birth injury is physical harm to a baby that occurs during delivery—such as brachial plexus palsy, cerebral palsy, or brain damage—often due to medical negligence. A birth defect, by contrast, is a structural or genetic anomaly present before birth, unrelated to the delivery process.

What are common causes of birth injuries in Fort Lauderdale hospitals?

Common causes include delayed C-section, improper use of forceps or vacuum extractors, failure to monitor fetal distress, umbilical cord mishandling, and medication errors affecting uterine contractions—each requiring thorough review of medical records and protocols.

Who can be held liable in a birth injury claim?

Liable parties may include obstetricians, nurses, hospital staff, anesthesiologists, and the facility itself if policies or training were inadequate. In some cases, manufacturers of faulty delivery instruments may also share liability.

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

Under Florida Statutes § 95.11(4)(a), you generally have two years from the date the injury was—or should have been—discovered, but no more than four years from the date of the negligent act. Early consultation is crucial to preserve evidence.

What types of compensation can families recover in a birth injury case?

Families may recover economic damages like past and future medical and therapy expenses, special education costs, assistive devices, lost parental wages, and home modifications, as well as non-economic damages such as pain and suffering and loss of enjoyment of life.

What evidence is needed to prove a birth injury claim?

Key evidence includes prenatal and delivery medical records, fetal monitoring strips, expert obstetric and pediatric testimony, imaging studies (MRI, CT), and documentation of the child’s lifelong care needs and expenses.

How do medical experts contribute to birth injury cases?

Obstetricians and pediatric neurologists review records and testify on standard-of-care breaches—such as delayed intervention or improper instrument use—and link those breaches to the baby’s injuries, which is pivotal for proving liability and causation.

Can I still file a claim if my child’s injury was diagnosed months after birth?

Yes. Florida’s discovery rule allows the statute of limitations to begin when the injury is discovered or reasonably should have been discovered, not necessarily on the delivery date itself—up to the four-year absolute cap.

How do I handle communications with the hospital’s insurer?

Hospitals’ insurers often move quickly to obtain statements and limit liability. Direct all communications to your attorney, who will protect your child’s rights, counter lowball offers, and demand full disclosure of relevant records.

What role do life-care planners play in these cases?

Life-care planners project a child’s future medical and support needs—such as therapies, equipment, schooling, and assistance—and assign cost estimates, laying the groundwork for comprehensive damage awards that cover a lifetime of care.

Can I recover for my own emotional distress as a parent?

Yes. Florida allows recovery for parental emotional distress when the parent spends time at the scene and experiences shock or trauma. Testimony from mental health professionals and personal journals can substantiate these non-economic damages.

How much does it cost to hire a birth injury lawyer in Fort Lauderdale?

Most birth injury attorneys work on a contingency-fee basis, meaning no upfront legal fees—your attorney is paid a percentage of the recovery only if compensation is secured, covering both legal costs and expert fees.

Will my birth injury case go to trial or settle out of court?

While many cases settle through mediation once liability is established, your attorney will prepare for trial from the outset to strengthen settlement leverage. If a fair agreement isn’t reached, they’ll advocate for your child before a judge or jury.

How long does a birth injury lawsuit typically take?

Birth injury cases involve extensive records review and expert testimony, often taking 18–36 months from filing to resolution. Complex cases requiring multiple experts or involving disputes over causation can extend even longer.

How do I choose the best birth injury lawyer in Fort Lauderdale?

Look for a firm with proven experience in catastrophic birth injury litigation, a track record of substantial verdicts and settlements, and the resources to coordinate medical experts. Your attorney should offer compassionate, personalized service and clear communication throughout your child’s case.

Birth Injury Lawyer in Fort Lauderdale, FL

The birth of a child should be a joyous occasion, but when medical negligence leads to a birth injury, it can have devastating consequences for both the child and their family.

Birth injuries can result in lifelong physical, cognitive, or developmental challenges, requiring ongoing medical care and support. If your child has suffered a birth injury due to a doctor’s negligence, you may be feeling overwhelmed, frustrated, and unsure of where to turn for help.

The Fort Lauderdale birth injury attorneys at Anidjar & Levine are committed to helping families who suffer birth injuries caused by someone else’s negligence.

Since 2005, our Fort Lauderdale personal injury lawyers have been fighting for injury victims’ rights. Contact us today.

What Losses Can Be Recovered After A Birth Injury?

Even the consequences of small medical mistakes during labor and delivery are irreversible and can cause a lifetime of suffering.

The medical expenses required to resuscitate the mother and save the baby can be exorbitant. The future medical costs to treat a child suffering from a birth defect are also often prohibitively expensive.

In addition to medical expenses, you could seek financial recovery for the following:

The Cost Of Modifying Your Home

You may need to outfit your home with specialized equipment to accommodate your handicapped child. These modifications could involve widening doorways, installing special flooring, and building accessible bathrooms.

Lost Income

Your child may need a full-time caretaker due to their birth injury. We can seek recovery for your lost income, as well as your diminished future earning capacity.

Pain And Suffering

Suffering complications during delivery and labor can be a traumatizing experience for both the mother and child. Fair compensation often accounts for the emotional distress and physical pain you and your child have undergone.

What Goes Into Building A Birth Injury Case In Fort Lauderdale?

In many cases, birthing injuries are a direct result of medical negligence. During the birthing process, negligence occurs when physicians or other healthcare providers breach their duty of care to a patient.

Since obstetricians are considered specialists in their field, they are held to a high standard of care.

Even if the malpractice did not cause direct harm, it may exacerbate an injury or increase its severity. So, how do you prove birth injury? What does it take to strategize a medical malpractice claim or lawsuit based on negligence evidence? To build your case, our team will secure the following pieces of information.

Our Fort Lauderdale Birth Injury Lawyers Will Get An Affidavit Of Merit

To file a successful medical malpractice claim or lawsuit, a third-party healthcare provider must write a statement declaring that you have a valid case.

However, finding someone with that type of expertise can be difficult. We can look into our network of consultants to find a doctor who can attest that you and your child were subjected to malpractice.

When you work with a Fort Lauderdale medical malpractice lawyer from our firm, you will benefit from all the resources we have to move forward with your case and help you and your child get the justice you need and deserve.

Finding experts, having specialists testify on your behalf, or conducting deep-level investigations of the liable parties are just some of the things our lawyers can do for you.

Medical Treatment Records Are Essential For Birth Injury Cases

We will need to look at your medical records to prove various aspects of your case, such as:

The error that led to your injuries
Your state of health before the incident
The date, time, and location of the error
The details of any follow-up care you received
Information about your patient/doctor relationship

We Will Gather Testimony From Witnesses

We can interview others who were in the delivery room with you who can attest to what went wrong. We can get statements from family members, nurses, and other technicians.

Plus, our Fort Lauderdale birth injury attorneys can use other types of evidence to prove your case. Be sure to keep all correspondence that pertains to your situation, as we can also use this information to back up your side of the story.

Also, keep in mind that Florida’s statute of limitations will set the amount of time you have to act, so consider your legal options today.

Contact Anidjar & Levine for a free case consultation.

Common Types Of Birth Injuries

Birth injuries can take many forms, ranging from mild to severe. Some injuries may heal over time with proper treatment, while others can result in permanent disabilities.

Understanding the most common types of birth injuries can help you recognize when medical negligence may have been a factor.

Cerebral Palsy

Cerebral palsy is a neurological disorder that affects movement, muscle tone, and coordination. It can be caused by a brain injury that occurs during birth, often due to oxygen deprivation (birth asphyxia) or trauma during delivery.

Babies with cerebral palsy may have trouble with motor skills, balance, and coordination. The condition often requires lifelong physical therapy, medical care, and specialized equipment.

Brachial Plexus Injuries

Brachial plexus injuries, including Erb’s palsy, occur when the nerves in the upper arm are damaged during delivery. This injury can happen if the baby’s shoulder becomes stuck in the birth canal, a condition known as shoulder dystocia, and excessive force is used to deliver the baby.

Babies with brachial plexus injuries may experience weakness, limited movement, or even paralysis in the affected arm.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) is caused by oxygen deprivation during birth. If a baby’s brain is deprived of oxygen for too long, it can lead to developmental delays, cognitive impairments, and other long-term disabilities.

HIE is often preventable if healthcare providers act quickly when complications arise during labor, such as umbilical cord compression or placental abruption.

Proving Medical Negligence In Birth Injury Cases

In birth injury cases, it’s not enough to simply show that an injury occurred. You must also prove that the healthcare provider’s negligence directly caused the injury. This complex process requires extensive legal and medical knowledge.

Establishing The Standard Of Care

To prove negligence in a birth injury case, your attorney must first establish the standard of care that the medical professional was expected to follow.

The standard of care refers to the level of competence and attention that a reasonably skilled healthcare provider would have provided under similar circumstances. If a doctor or nurse fails to meet this standard, they may be considered negligent.

Identifying Medical Errors

Birth injuries can occur due to a wide range of medical errors, including:

Failure to Monitor the Baby’s Vital Signs: During labor, it is critical for medical professionals to closely monitor the baby’s heart rate and other vital signs. If signs of distress are missed or ignored, the baby may suffer serious complications, such as oxygen deprivation.
Improper Use of Delivery Tools: Forceps and vacuum extractors are sometimes used to assist in difficult deliveries. However, if these tools are used improperly, they can cause physical trauma to the baby, resulting in injuries like skull fractures or brachial plexus injuries.
Delayed C–Section: In some cases, an emergency cesarean section may be necessary to prevent harm to the baby or mother. If a doctor fails to recognize the need for a C-section or delays the procedure, it can lead to birth injuries, such as brain damage from lack of oxygen.

We use cutting-edge technology and trusted medical experts to determine whether your child suffered a preventable injury caused by the negligence of others.

What To Do If You Suspect A Birth Injury

Discovering that your child may have suffered a birth injury can be overwhelming, but taking the right steps early can make a significant difference for both your child’s health and your family’s legal rights.

First, seek immediate medical care from a trusted pediatrician or specialist who can evaluate your child’s condition, provide treatment, and document any signs of injury. Be sure to keep copies of all medical records, test results, and treatment notes.

If you have concerns about how the labor or delivery was handled, write down everything you remember, including the names of doctors, nurses, and staff involved, as well as any unusual events during pregnancy, labor, or delivery.

Avoid discussing the situation in detail with the hospital or its insurance company before speaking with an attorney, as statements you make could affect your case.

Finally, contact a Fort Lauderdale birth injury lawyer as soon as possible. An attorney can review medical records, consult with experts, and determine whether negligence may have caused your child’s injuries. Taking legal action not only helps secure financial resources for your child’s care and future needs but also holds negligent medical providers accountable.

Find Out How Our Fort Lauderdale Birth Injury Lawyers Can Help

If you or your child has suffered a birthing injury and needs a birth injury lawyer in Fort Lauderdale or anywhere in Broward County, Anidjar & Levine can help. Our firm has successfully handled all types of medical malpractice claims, helping families across Florida get back on their feet.

We understand that wanting the best for your child with a birth injury is hard and heartbreaking. That is why we are dedicated to helping you obtain the maximum compensation you need for their well-being.

Call or fill out our contact form online for a free consultation. You pay nothing unless we win for you.