When complications arise during childbirth, families are left with questions no parent should have to ask: Was this preventable? Could medical negligence have played a role?
A birth injury occurs when a newborn suffers harm during labor or delivery. While some complications are unavoidable, others result from medical errors that violate the accepted standard of care. In those cases, families may have grounds for a birth injury malpractice claim.
Florida birth injury lawyers help parents investigate what happened, determine whether malpractice occurred, and pursue compensation for the lifelong impact of the injury. The process is complex and deeply emotional, but it begins with understanding how these claims work.
What Counts As A Birth Injury Malpractice Claim In Florida?
Not every poor outcome during delivery is malpractice. To qualify, the injury must have been caused by a healthcare provider’s failure to meet the medical standard of care, the level of skill and diligence that a competent provider would have exercised under similar circumstances.
Common examples of negligence leading to birth injuries include:
- Failure to monitor fetal distress or respond promptly to signs of oxygen deprivation
- Delaying a necessary C-section, prolonging labor and causing brain injury
- Improper use of delivery tools such as forceps or vacuum extractors
- Medication errors during labor or anesthesia administration
- Neglecting maternal health risks like preeclampsia or gestational diabetes
Proving malpractice requires showing that the provider’s actions or inactions caused the injury, not simply that the outcome was tragic.
Types Of Birth Injuries Seen In Florida Malpractice Cases
Certain injuries appear repeatedly in Florida medical malpractice lawsuits related to childbirth. These include:
- Cerebral palsy, often linked to prolonged oxygen deprivation
- Erb’s palsy or brachial plexus injuries, caused by excessive traction on the baby’s shoulders during delivery
- Fractures or nerve damage, sometimes resulting from forceful extractions
- Brain injuries, due to delayed recognition of fetal distress or cord compression
Some of these injuries heal over time, while others require lifelong care, specialized therapy, or adaptive equipment. The long-term costs can be overwhelming for families.
The Legal Process For Florida Birth Injury Claims
Medical malpractice attorneys handling birth injury cases in Florida take a systematic, evidence-based approach:
- Initial Consultation: The lawyer listens to the family’s story, reviews available records, and determines whether malpractice might be involved.
- Gathering Medical Records: All relevant documents are obtained, including hospital charts, prenatal care notes, fetal monitoring strips, and labor room logs.
- Medical Expert Review: A qualified medical specialist examines the records to determine if the care provided fell below the accepted standard.
- Pre-Suit Notice: Florida law requires a notice of intent to initiate litigation before filing a birth injury lawsuit, which allows the healthcare provider to respond or negotiate.
- Settlement Talks or Filing Suit: If no resolution is reached, the attorney files the claim in court.
- Litigation and Trial: During this stage, both sides exchange evidence, depose witnesses, and present expert testimony.
This legal process ensures that every allegation is supported by credible medical evidence.
Florida’s Strict Rules For Proving Medical Malpractice In Birth Injuries
Florida law imposes specific procedural hurdles for all medical malpractice claims, including birth injuries.
- Statute of Limitations: Most claims must be filed within two years of when the injury was discovered or reasonably should have been discovered; there are limited exceptions for minors or cases involving concealment of negligence.
- Pre–Suit Investigation: Plaintiffs must present an affidavit from a medical expert verifying that reasonable grounds exist to believe malpractice occurred.
- Burden of Proof: The plaintiff must show that a medical provider deviated from the standard of care and that this deviation directly caused the child’s injury.
- Damage Limits: Florida does not cap economic or non-economic damages in medical malpractice cases, meaning families may seek full compensation for both financial and emotional harm.
Because of these strict rules, legal representation with medical knowledge is often essential for families pursuing such claims.
The Role Of Expert Witnesses In Birth Injury Cases
Expert witnesses form the backbone of most birth injury malpractice claims. Florida law requires that the medical expert who provides testimony must practice in the same specialty as the defendant doctor or nurse.
Experts help the court understand:
- The standard of care required under the circumstances
- How the provider’s conduct fell short of that standard
- How that failure caused harm to the baby or mother
Their expert testimony can make or break a case, particularly when complex medical issues are in dispute.
Why Birth Injury Malpractice Claims Are So Challenging
Birth injury cases are among the most complex forms of medical malpractice litigation. Several factors contribute to their difficulty:
- Medical Complexity: Distinguishing between preventable error and unavoidable outcome often requires multiple expert reviews.
- Institutional Defense: Hospitals and insurance carriers typically defend these claims aggressively.
- High Litigation Costs: Expert fees and record retrieval expenses can be substantial.
- Emotional Strain: Families must relive traumatic events during depositions and trial.
Despite these challenges, attorneys pursue these claims to secure justice and ensure that children receive the care they will need for life.
How Long Does A Birth Injury Claim Take In Florida?
There’s no fixed timeline for resolving a birth injury malpractice case. Some claims settle within a year, while others take several years to reach trial. Factors influencing duration include:
- The complexity of medical evidence
- The number of defendants (doctor, hospital, nurse, etc.)
- The willingness of parties to negotiate
- Court scheduling and expert availability
Attorneys typically keep families informed throughout the process, explaining each milestone and what comes next.
Determining Losses Due To A Birth Injury In Florida
The financial consequences of a birth injury can be staggering. Lawyers often work with life care planners and economic experts to estimate the total cost of the child’s lifelong needs, which may include:
- Ongoing medical treatment and surgeries
- Physical, occupational, and speech therapy
- Assistive devices and home modifications
- Special education and caregiving costs
- Future lost earning potential
In addition to economic damages, parents may seek non-economic compensation for the emotional pain, stress, and reduced quality of life associated with the injury. These damages recognize the profound emotional burden families endure.
Receiving Help From Our Florida Birth Injury Lawyers
Birth injury malpractice claims in Florida require persistence, medical insight, and a deep understanding of the law. For families, the goal is not just financial recovery; it’s accountability, closure, and securing the best possible future for their child.
Families who believe their child’s injury may have resulted from medical negligence can seek guidance from attorneys familiar with these complex cases. Anidjar & Levine assists families across Florida with understanding their rights and navigating the birth injury claims process.
Call today for a free case consultation.
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