When a newborn suffers a brain injury due to a medical provider’s mistake, the consequences can be devastating for the entire family. Infant brain injuries often lead to permanent physical, cognitive, or developmental impairments, some of which will require extensive care and resources for years to come. While some of these injuries are unavoidable, others occur because of avoidable errors during pregnancy, labor, or delivery.
In situations where a doctor’s negligence causes harm, Florida law may allow families to seek compensation to help cover the long-term costs and challenges associated with their child’s condition.
Understanding how these claims work is an important step in securing the support your child will need moving forward. A Florida birth injury lawyer can be a valuable resource for understanding these cases and the damages you can seek.
Can You Seek Compensation for Infant Brain Injuries Caused by Medical Negligence?
Compensation may be available if a medical provider’s negligence led to an infant brain injury. In Florida, malpractice occurs when a doctor, nurse, or other healthcare professional fails to meet the accepted standard of care, and that failure causes harm. For families dealing with the aftermath of a preventable brain injury at birth, this may open the door to a legal claim.
These cases often involve significant damages—not only for the immediate medical needs but also for long-term expenses like ongoing therapy, in-home care, and specialized equipment.
If a child faces permanent disabilities or developmental delays, the financial and emotional toll can be overwhelming. A malpractice claim can help families recover both economic and non-economic damages, including compensation for pain, suffering, and the loss of a normal childhood experience.
Each case is unique, and proving malpractice can be complex. But when medical errors lead to such serious outcomes, families deserve the chance to pursue justice and financial support.
What Compensation May Be Available in an Infant Brain Injury Malpractice Case?
The financial impact of an infant brain injury can span a lifetime. In Florida malpractice cases, families may be entitled to compensation that reflects both current losses and anticipated future needs. These damages are typically divided into economic and non–economic categories.
Economic damages cover tangible, measurable costs, such as:
- Immediate and ongoing medical treatment, including NICU, therapy, and specialized care
- Medical devices and home modifications
- Special education or developmental support
- Loss of future earning potential for the child
Non–economic damages address the emotional and psychological toll of the injury, such as:
- Pain and suffering
- Loss of enjoyment of lif
- Mental anguish
- Emotional distress experienced by the family
The severity of the injury often plays a major role in determining how much compensation may be available. For instance, children diagnosed with certain conditions may require lifelong care and support.
Compensation isn’t guaranteed—but when negligence is clearly established, it can provide the critical resources needed to support your child’s needs, now and in the future.
How Does Medical Malpractice Cause Infant Brain Injury?
Many infant brain injuries are the result of complications during pregnancy, labor, or delivery—but when those complications are made worse or caused by a healthcare provider’s failure to act appropriately, it may be considered malpractice.
Common examples of medical negligence that can lead to infant brain injury include:
- Failure to monitor fetal distress during labor, resulting in prolonged oxygen deprivation
- Delayed decision to perform a C-section when the baby is in distress
- Misuse of delivery tools, such as forceps or vacuum extractors
- Improper response to maternal infections or conditions, like preeclampsia or gestational diabetes
- Inadequate management of umbilical cord complications, such as cord prolapse or compression
These types of errors can cause a lack of oxygen (hypoxia or anoxia), bleeding in the brain, or trauma that damages the developing brain. In many cases, a timely diagnosis or intervention could have prevented or reduced the severity of the injury.
When investigating these claims, our firm reviews medical records, consults with experts, and examines every step of care to determine whether the standard of care was breached. If that breach directly caused the injury, it forms the basis of a malpractice claim.
Who Can Be Held Liable for Malpractice Resulting in Infant Brain Injury?
In a medical malpractice case involving infant brain injury, multiple parties may share responsibility for what went wrong. Liability isn’t always limited to a single doctor. In many cases, it involves a chain of decisions or oversights by multiple providers—or even systemic issues within the facility.
Potentially liable parties may include:
- Obstetricians or delivering physicians who mismanaged labor and delivery
- Nurses who failed to monitor fetal distress or follow protocols
- Anesthesiologists who administered improper medications or failed to monitor vital signs
- Hospitals or birthing centers, particularly when inadequate staffing, poor communication, or substandard policies contributed to the injury
Some providers are hospital employees, while others are independent contractors—this affects how legal responsibility is assigned. Part of our role is to investigate every aspect of care and determine who failed to uphold their duty.
By identifying all potentially responsible parties, we can help families pursue the full compensation they’re entitled to under Florida law.
How Do Symptoms and Long-Term Effects of Infant Brain Injury Affect Your Case?
The long-term effects of infant brain injury aren’t just a medical issue—they’re a central factor in determining how much compensation may be appropriate.
From missed milestones to lifelong care needs, these symptoms illustrate the full extent of harm suffered. Common complications include:
- Developmental delays
- Seizure disorders or muscle coordination issues
- Feeding and mobility challenges
- Cognitive or communication impairments
The severity and permanence of symptoms help establish both the value of a claim and the ongoing impact of the provider’s error. In many cases, medical experts are brought in to project long-term care plans and costs.
Are There Deadlines to File an Infant Brain Injury Malpractice Claim in Florida?
Yes—Florida’s statute of limitations for medical malpractice is typically two years from when the injury was discovered or should have been discovered, per Florida Statutes § 95.11. Cases involving infants may allow additional time, and other exceptions could apply.
Missing the deadline can bar you from filing a claim altogether, so it’s important to seek legal guidance as soon as possible. Acting quickly also helps preserve medical records, witness accounts, and other critical evidence.
Call Our Infant Brain Injury Lawyers Today For Help With Your Malpractice Case
If you believe your child’s brain injury may have been caused by medical negligence, you don’t have to face this alone. The Law Offices of Anidjar & Levine can review your case, explain your legal options, and help you take the next step.
Call us today for a free consultation and find out how our Florida malpractice team may be able to help your family move forward.
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