Bringing a new baby into the world should be a joyful experience. But when a newborn suffers a serious injury, that moment can quickly turn into heartbreak and uncertainty. These injuries can happen for many reasons—some unavoidable, others the result of medical mistakes.
When a newborn’s injury is caused by a healthcare provider’s negligence, families may be entitled to compensation in Florida. Financial recovery can help cover medical expenses, therapy, long-term care, and other support your child may need. A Florida birth injury lawyer can help you understand your legal options and what types of compensation may be available to support your child’s future.
Your Family Deserves Compensation For Newborn Injuries Caused By Malpractice
Yes—compensation may be available if your newborn’s injury was the result of medical malpractice. However, securing compensation depends on more than just the presence of an injury. To succeed in a malpractice claim, you must show that a healthcare provider failed to meet the standard of care and that this negligence directly caused harm to your child.
Birth-related injuries that may result from malpractice include conditions like cerebral palsy, brachial plexus injuries (such as Erb’s palsy), brain damage due to oxygen deprivation, and spinal cord trauma. These injuries often require extensive and expensive care over a child’s lifetime.
The nature and severity of the injury significantly influence the value of a malpractice claim. A mild condition may require short-term treatment, while a more serious injury could lead to lifelong medical needs.
What Compensation Is Available For Birth Injuries Caused By Medical Malpractice?
If your child was injured due to medical negligence during pregnancy, labor, or delivery, a malpractice claim may provide compensation to help cover the long-term impact of that injury. The type and amount of compensation available will depend largely on the severity of the injury, the anticipated medical needs, and how the injury affects your child’s quality of life. Common types of compensation include:
- Medical expenses – Past and future costs for hospital stays, surgeries, medications, and specialist care
- Rehabilitation and therapy – Physical, occupational, and speech therapy, often ongoing for years
- In-home care and special accommodations – Including nursing assistance, home modifications, or mobility aids
- Pain and suffering – For both the child’s physical suffering and the emotional toll on the family
- Loss of future earning capacity – If the injury is expected to limit your child’s ability to work later in life
The financial demands and medical needs of a newborn’s birth injury can be lifelong. A malpractice claim can help ensure your family has the resources to meet those needs.
How Do You Prove Medical Malpractice In A Newborn Injury Case?
Proving that a newborn’s injury resulted from medical malpractice isn’t always straightforward. Florida law requires that families demonstrate four key elements to establish a valid claim:
- Duty of care – The medical provider had a professional obligation to care for the mother and baby.
- Breach of that duty – The provider failed to follow accepted medical standards (e.g., delaying a necessary C-section, misusing delivery tools, or failing to respond to fetal distress).
- Causation – That failure directly caused the newborn’s injury.
- Damages – The injury resulted in measurable harm, such as medical bills, long-term disability, or pain and suffering.
This process often requires input from medical experts who can review records, explain how care fell below accepted standards, and confirm that the negligence likely caused the injury.
The stronger the evidence, the better the chance of recovering meaningful compensation. That’s why early investigation and documentation—medical records, timelines, and witness statements—can be critical in these cases.
How Medical Malpractice Can Cause A Newborn Injury
Not all birth complications are the result of malpractice. But when medical providers make preventable errors, the consequences can be life-altering for your child.
Common examples of negligence that may lead to birth injuries include:
- Failing to monitor fetal distress during labor
- Delaying a necessary C-section
- Improper use of forceps or vacuum tools
- Mismanaging shoulder dystocia
- Administering incorrect medication or dosages
- Overlooking prenatal risks or infections
These types of mistakes can result in conditions like cerebral palsy, Erb’s palsy, brain damage, or other serious injuries. Each case is unique, but when harm could have been prevented through proper care, it may be malpractice. We work to uncover the root cause of the injury and determine whether timely, competent care could have made a difference.
How Liable Parties Affect Compensation In A Newborn Malpractice Case
When a newborn injury is caused by medical malpractice, compensation may be available, but identifying who is legally responsible is a key part of recovering that compensation. In many cases, more than one party may have contributed to the error or failed to prevent it. Depending on what went wrong, those potentially liable may include:
- Doctors, such as OB-GYNs or pediatrician,s involved in delivery or newborn care
- Nurses or support staff who failed to monitor vital signs or escalate concerns
- Anesthesiologists who administered incorrect dosages or failed to account for risk factors
- Hospitals or birthing centers that failed to provide adequate staffing, equipment, or oversight
- Healthcare organizations or medical groups are responsible for the system of care
The availability and amount of compensation often depend on how fault is distributed among these parties. Each provider or institution may have separate insurance policies, liability limits, or legal defenses. Your lawyer must uncover every potentially liable party to ensure your family has access to the full compensation you may be entitled to. A thorough investigation can make the difference between a limited recovery and securing the support your child needs for life.
Don’t Wait To Explore Your Options For Florida Malpractice Compensation
If your newborn’s injury was caused by medical malpractice, you may be entitled to compensation, but it’s important to act quickly. Florida’s statute of limitations, outlined in Florida Statutes § 95.11, limits the time you have to file a claim. While cases involving children often allow more time, the clock may start ticking from the date the injury is discovered.
The longer you wait, the harder it can be to gather evidence and build a strong case. Early legal guidance can help ensure no opportunity for compensation is missed.
At the Law Offices of Anidjar & Levine, we understand how overwhelming this time can be. Our team is here to answer your questions, explain your options, and fight for the support your family needs. Call today for a free consultation.
We Can Help.
