Parents want their babies to be perfect. Doctors know perfection isn't always possible and strive for the best possible outcome. Lawyers know that a birth defects attorney helps families who believe a baby's injuries were caused by medical negligence or other preventable factors during or after birth pursue compensation and hold negligent healthcare providers accountable.

Birth defects and injuries are a parent's nightmare. For parents and guardians of infants harmed by medical negligence, environmental causes, or other preventable events in Florida or anywhere in the country, legal action may be the only way to secure money for medical care, long-term support, and a child's future. If you believe something went wrong during pregnancy, labor, delivery, or newborn care, this guide explains the role of a birth defects attorney, the difference between birth defects and birth injuries, when malpractice or wrongful death claims may apply, how filing deadlines work, and what compensation may be available before the law limits the time to act.

Types of Birth Defects and Birth Injuries

Birth defects are usually defined as anything visibly, internally, or systemically abnormal about a baby at birth. Birth defects fall into several categories. There is no one most common birth defect, but some of the causes are:

  • Congenital or genetic disorders. Some defects are inherited or due to chromosomal damage. Examples include genetic diseases like sickle-cell anemia, Down syndrome, and spina bifida.

  • Environmental damage. Anything that affects the mother affects the developing fetus. The fetus can be affected if the mother is exposed to toxic chemicals, takes certain medications, or suffers physical harm during pregnancy. For instance, exposure to the drug Rogaine can cause fetal retinoid syndrome.

  • Birth injury. A birth injury typically occurs during labor and delivery when medical errors cause an infant to suffer injuries. An infant born otherwise healthy but harmed by the delivery has suffered a birth injury. Birth defects and birth injuries may have similar impacts but different causes. For example, cerebral palsy can be caused by restricted oxygen to the brain. If it occurred before birth due to oxygen deprivation from umbilical cord complications, it would be a birth defect. If it occurred during birth because the doctor delayed a C-section, it would be a birth injury.

Types of Birth Injury Lawsuits

Birth injury lawsuits usually involve hospitals, doctors, and other healthcare providers when medical malpractice occurs. These matters are often a birth injury lawsuit or medical malpractice case in which families may pursue compensation for a child's injury when medical negligence during delivery causes harm.

Birth defect lawsuits typically focus on environmental causes of defects. A birth defects attorney investigates medical history and environmental factors, including missed or misinterpreted prenatal tests as possible signs of malpractice. Since a birth defect is an injury that happened while the fetus was developing, these lawsuits involve chemical or environmental exposure, improperly prescribed medication or drugs, medication errors, improper medical care, or inadequate prenatal care, and can lead to legal filings against negligent healthcare providers.

Medical Malpractice and Medical Negligence

Medical malpractice is a type of negligence claim used when a doctor or other healthcare provider departs from accepted medical standards and causes harm to a patient. Medical professionals are judged by accepted medical standards in caring for patients, and doctors are held to a higher standard of care than ordinary people because of their level of training and the relationship between the doctor and the patient.

In the case of a birth injury, medical malpractice lawsuits can include these common birth injuries:

Medical negligence can lead to serious birth injuries, and medical professionals must monitor fetal distress during labor to prevent birth injuries. Failure to monitor fetal distress can lead to preventable injuries, and oxygen deprivation during delivery can cause cerebral palsy. Improper use of delivery instruments or improper handling during birth can result in severe injuries, including Spinal cord injuries. Excessive force during delivery, including when a baby's shoulders become stuck in the birth canal, can cause brachial plexus injuries; Erb's palsy is one example, and brachial plexus injuries can lead to permanent arm weakness. These serious birth injuries can leave a child with brain injuries, brain damage, permanent nerve damage, or other permanent disabilities that require lifelong medical care and therapies, and families may pursue compensation.

Wrongful Death

If negligence leads to death, it is called wrongful death. A wrongful death does not necessarily mean there was criminal intent, only that the death could have been avoided had the defendant done what they were supposed to.

In a birth injury case, this is a worst-outcome scenario in which healthcare providers fail in their duties, and the infant dies because of carelessness or negligence. The devastating consequences can affect the entire child's life and, in the worst cases, end it. Florida allows parents of a deceased infant to bring a suit because of their loss.

Florida also allows parents to bring a wrongful birth suit in rare cases of severe birth defects requiring lifelong medical care. The “wrongful” in this case is not the baby but the amount of care it will need throughout its life, which can shape a child's future because the child struggles with ongoing needs.

When To File a Birth Defect Lawsuit

The statute of limitations for birth defects can be confusing. For example, Florida has a statute of limitations and a statute of repose for medical malpractice injuries. 

The statute of limitations for medical malpractice is two years from the date of the incident. However, a medical malpractice case may be brought on behalf of a minor child until the child's eighth birthday. This is known as a statute of repose. The courts acknowledge that it may take some time for some types of injuries — such as developmental delays — to appear in small children. That is why birth injury lawyers or birth injury attorneys often review medical records early to assess whether a child suffered harm because of a medical professional's negligence.

If a birth defect is due to an unknown or concealed environmental cause, parents need to consult an attorney as soon as they believe they may be affected. 

In 1991, the anti-nausea drug Zofran was first used off-label to treat hyperemesis gravidarum, a serious type of nonstop morning sickness that can endanger some pregnant women. Zofran was never approved for this use. By 2015, thousands of cases had been filed against the manufacturer, alleging Zofran was responsible for developmental delays and congenital heart defects. 

These cases need careful legal analysis to determine if all statutes have run before parents and children can proceed, and prompt review helps families preserve a possible birth injury claim before deadlines expire.

Compensation in Birth Defects Cases

Depending on the type of serious injury and the degree of impairment an injured child may have suffered, the compensation may include seeking maximum compensation to help protect the child's future, especially when permanent disabilities require lifelong medical care:

  • Medical bills and other medical expenses, including immediate bills, return visits, and NICU care

  • Long-term treatment, repeat care, and rehabilitation, including appropriate treatment and timely medical intervention

  • Modification to the home, specialized vehicles, and adaptive devices, as well as needed medical equipment (including upgrades as the child grows)

  • Ongoing care for children who may face lifelong complications

  • Pain and suffering to the child, including physical pain

  • Loss of consortium to the parents

  • Loss of income for parents if work is lost due to staying with the child

Florida and Virginia are unique in the U.S. in having a specialized compensation program for children injured during birth. Known as the Neurological Injury Compensation Act (NICA), the program reimburses parents for expenses incurred because of a birth injury and offers up to $100,000 additional compensation.

NICA has limitations, and parents should consider them carefully before they file a birth defect claim. The physician must be a NICA member, and the injury must meet NICA guidelines. NICA does not cover anything paid by Medicare/Medicaid or private insurance and will not cover future losses.

Hire a Birth Defect Attorney for a Legal Claim

Parents want their babies to be perfect or at least have the best possible start in life. However, if something has happened to prevent that, you need the services of a skilled birth defects attorney to help you understand your options and to review prenatal records, delivery records, and developmental evaluations. Consultations with medical professionals can also help establish causation between negligence and injury. Ratzan Weissman & Boldt helps families in birth injury cases and related personal injury matters involving negligent healthcare providers, including failures involving maternal infections, overlooked risk factors, and broader concerns reflected in the maternal mortality rate, and our injury attorneys help families pursue compensation after serious birth injuries.

Have the birth defects law firm Ratzan Weissman & Boldt review your case. We will give you our honest opinion and compassionate advice in a free initial consultation, and we also offer a free consultation on a contingency fee basis, meaning our attorneys are paid only if the case is successful. You can also ask about previous settlements to better evaluate the firm's experience and capabilities. Call us at (305) 374-6366 374-6366)6) or use our online form today.