A perinatal brain injury is damage to a baby’s brain that occurs shortly before, during, or just after birth. These injuries can result from oxygen deprivation, infection, trauma, or other complications and may lead to lifelong conditions like cerebral palsy, developmental delays, or epilepsy.
While not all perinatal brain injuries are preventable, some result from medical negligence. In these cases, families may be entitled to compensation for medical bills, long-term care, and pain and suffering. A Florida medical malpractice lawyer can guide you through your legal options and fight for the compensation your child deserves.
What Types Of Compensation Are Available Following Medical Malpractice?
Compensation may be available for perinatal brain injuries in Florida—but only if a healthcare provider failed to meet the accepted standard of care and that failure directly caused harm to your newborn.
Compensation can be for both economic and non-economic losses and varies significantly depending on the severity and long-term effects of the preventable birth injury. Recoverable economic losses may include:
- Current and future medical expenses (hospitalization, surgeries, medications)
- Ongoing therapies (physical, occupational, speech)
- Costs of in-home care or special schooling
- Adaptive equipment and home modifications
- Lost earning potential for the child over their lifetime
Recoverable non-economic losses may include:
- Physical pain and emotional suffering
- Loss of enjoyment of life
- Emotional distress for parents and family members
The more severe and permanent the injury, the greater the financial impact and, therefore, the potential compensation. A medical malpractice attorney can help fight for the full compensation your child deserves.
What Are The Long-Term Effects Of Perinatal Brain Injury?
Perinatal brain injuries can lead to a range of complications, including:
- Seizures
- Developmental delays
- Motor impairments
- Speech and language disorders
- Cognitive disabilities
These complications often stem from specific types of brain injuries, such as:
- Hypoxic-Ischemic Encephalopathy (HIE): Caused by reduced oxygen or blood flow during birth.
- Intraventricular Hemorrhage (IVH): Bleeding in or around the brain, more common in premature infants.
- Periventricular Leukomalacia (PVL): Damage to the brain’s white matter, often linked to oxygen deprivation or infection.
- Birth trauma injuries: Including those from improper use of forceps, vacuum extractors, or excessive delivery room force.
- Neonatal stroke: A disruption of blood flow to the infant’s brain before or shortly after birth.
Birth injuries can lead to permanent disabilities. Conditions like cerebral palsy may cause difficulty walking, feeding, or performing basic tasks—often requiring lifelong care and assistance. These impairments can significantly alter a child’s quality of life and independence, affecting education, employment, and social interactions.
Documenting these functional limitations is critical in a malpractice claim. The more severe and lasting the complications, the greater the need for long-term care and a more significant amount of compensation.
Who Can Be Held Responsible In A Perinatal Brain Injury Case?
Multiple health care providers may share responsibility when a perinatal brain injury is caused by medical negligence. These may include obstetricians, delivery room nurses, anesthesiologists, pediatric specialists, other medical team members, or the hospital itself. Liability can also extend to radiologists, lab technicians, or any healthcare provider whose actions, or inaction, contributed to the injury.
Determining fault is often complicated by employment structures and overlapping insurance policies. For example, a doctor may be an independent contractor while the hospital employs the nursing staff. Each entity may have its own insurer and legal team, making the claims process complex.
A key part of a medical malpractice lawyer’s job is to identify every potentially liable party. By doing so, we maximize the chances of securing full compensation from all available sources, which is particularly significant in cases involving severe, lifelong impairments and extensive medical needs.
How Can Medical Negligence Cause Perinatal Brain Injury?
Perinatal brain injuries often stem from avoidable mistakes during pregnancy, labor, or delivery. Common negligent actions include:
- Failing to monitor fetal distress
- Delaying an emergency C-section
- Improper use of forceps or vacuum extractors
- Mismanaging maternal infections
- Administering the wrong medication.
In some cases, a failure to diagnose conditions like preeclampsia or umbilical cord complications can lead to oxygen deprivation and lasting brain damage.
To establish liability, we must prove that the healthcare provider breached the accepted standard of care and that this breach directly caused the injury. Our firm conducts a thorough investigation of medical records, expert testimony, and timelines of care to determine exactly how and when that standard was violated. This step is essential in building a strong malpractice case and holding negligent medical professionals accountable.
How to Prove Medical Malpractice After a Perinatal Brain Injury in Florida
If your child suffered a perinatal brain injury due to medical negligence, certain facts must be proven to bring a successful malpractice claim in Florida. These cases are complex, but they all hinge on four key elements:
- Duty of care: The healthcare provider had a legal obligation to deliver care that meets accepted medical standards.
- Breach of duty: The provider failed to meet that standard of care.
- Causation: That failure directly caused the injury.
- Damages: The injury resulted in measurable harm to the child or family.
Florida law also requires expert medical testimony to support these claims. Our legal team works closely with trusted medical experts to evaluate your case and build the evidence needed to move forward.
How Long Do You Have To File A Medical Malpractice Lawsuit?
Under Florida Statutes § 95.11, the general statute of limitations for medical malpractice lawsuits is two years from the date the injury was discovered, or reasonably should have been discovered. However, this timeline can be complicated, especially in perinatal brain injury cases where the harm may not be immediately apparent.
Additionally, special rules may apply when the victim is a child. In some cases, claims can be filed up until the child’s eighth birthday, but strict limits and exceptions apply.
Because evidence can deteriorate and legal deadlines can pass quickly, it is critical to consult a malpractice attorney as soon as possible. Acting promptly helps preserve medical records, gather expert opinions, and protect your right to seek the
compensation your child is entitled to.
Contact A Florida Medical Malpractice Attorney Today
If you believe medical negligence played a role in your child’s perinatal brain injury, our Florida medical malpractice lawyers are here to help. We understand the emotional and financial toll these cases take on families, and we’re committed to holding negligent providers accountable.
Let the legal team at Anidjar & Levine review your case, explain your legal options, and fight for the compensation your child needs now and in the future. You can learn more about how we help by reading our client reviews. Contact us today for a free consultation and take the first step in the legal process toward justice and healing.
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