Birth injuries can lead to devastating consequences and lifelong medical complications, including disabilities. When a provider’s negligence is the cause, it’s important for families to understand the basics of birth injury medical malpractice and the paths available in the state of Florida to help them obtain compensation and justice for their child.

Common Causes of Birth Injury-Related Disabilities

Birth injuries happen as a result of complications that arise during the labor and delivery of a child, often caused by medical negligence. Some common reasons they occur include:

  • When a healthcare provider fails to recognize signs of fetal distress, it can lead to problems like oxygen deprivation and brain damage
  • Prolonged labor without proper intervention can cause permanent disabilities
  • Forceps and vacuum extractors, which assist in more extreme delivery cases, can be improperly used and result in skull fractures and nerve damage
  • Incorrect doses of anesthesia or other labor-inducing drugs could lead to complications later on
  • Undiagnosed maternal conditions can also contribute to birth-related injuries

These are just a few of the ways medical negligence can lead to birth injuries and lifelong disabilities.

How Medical Negligence Can Lead to Lifelong Disabilities

Medical malpractice occurs when a healthcare provider deviates from standard practices and causes harm to a patient. Unfortunately, this happens far too frequently in labor and delivery cases, leading to severe birth injuries like the following:

  • Cerebral Palsy: Impaired motor function that is often the result of oxygen deprivation
  • Erb’s Palsy: Nerve damage that impacts arm movement
  • Brain Damage: Developmental delays and cognitive impairments that occur after birth-related head injuries
  • Spinal Cord Damage: Injuries involving the spine, which can mean partial or complete paralysis
  • Hypoxic-Ischemic Encephalopathy (HIE): A severe brain injury that is a result of a lack of oxygen during birth

Each of these conditions can bring long-term challenges for a child and their family and typically requires extensive medical care.

Legal Rights of Families Affected by Birth Injuries in Florida

Parents of children who suffered from birth injuries due to medical negligence have a variety of legal options available to them in order to obtain compensation. In Florida, they are able to:

  • File a medical malpractice suit and hold healthcare providers accountable for their negligence
  • Seek compensation through Florida’s Birth-Related Neurological Injury Compensation Association (NICA) program
  • Pursue a wrongful death claim in cases where an infant dies during birth

Understanding the different legal paths you can take to fight for compensation for your family is the first step toward seeking justice for the harm caused by medical negligence.

Proving Medical Malpractice: Essential Factors in Your Case

When trying to prove a birth injury medical malpractice claim, families of the injured child must be able to show the following occurred:

  • The healthcare provider had a responsibility to ensure a safe delivery
  • The provider did not meet acceptable medical standards
  • The lack of medical standards directly caused the birth injury
  • The injury led to medical expenses, pain and suffering, and potentially a long-term disability

It’s important to gather all medical records, obtain expert testimony, and consult with a birth injury attorney to help strengthen your case.

Compensation for Lifelong Care: What Families Need to Know

Compensation obtained in a birth injury lawsuit can cover a number of different expenses, such as:

  • Past, present, and future medical costs
  • Rehabilitation and therapy
  • Assistive devices and home accommodations needed for mobility and care

Additionally, any loss of income due to the need to take care of the injured child can be accounted for, and pain and suffering damages for both the child and the family can also be added to the lawsuit award.

Keep in mind that Florida does not cap economic damages for medical malpractice claims, which means families can potentially receive full financial recovery.

FAQ

What Is the Statute of Limitations for Filing a Birth Injury Lawsuit in Florida?

In the state of Florida, medical malpractice claims generally must be filed within two years from when the individual was injured — or the injury was discovered — but no later than four years after the incident occurred. For minors, claims can be filed until their eighth birthday in certain circumstances.

Can I File a Lawsuit if My Child’s Birth Injury Qualifies for NICA Benefits?

Yes. While NICA provides compensation, parents can pursue a medical malpractice lawsuit if negligence extends beyond what is covered by the program. Consulting a medical malpractice attorney can help clarify what the best option is in these cases.

How Long Does a Birth Injury Lawsuit Take in Florida?

Timelines can vary, but a lawsuit can take anywhere from a few months to a few years, depending on the complexity and how settlement negotiations proceed.

What Should I Do if I Suspect Medical Malpractice Caused My Child’s Birth Injury?

As soon as you suspect malpractice, you should seek medical attention for your child to get a thorough evaluation and key documentation. It may be beneficial to consult with a lawyer to explore options, especially if a medical professional confirms your suspicions.

Are There Limits on Compensation for Birth Injury Lawsuits in Florida?

Florida typically does not cap the economic damages families can receive for losses like medical costs, lost wages due to caring for the child, and long-term care costs. However, non-economic damages may have certain restrictions that need to be considered.

Contact Ratzan Weissman & Boldt for Unmatched Representation

If your child’s life has been forever impacted by a birth injury due to medical malpractice, you don’t have to navigate the legal process alone. At Ratzan Weissman & Boldt, we have a proven track record of obtaining record-setting settlements and verdicts for our clients, and we take pride in providing top-tier, personalized representation. Contact us today to schedule your consultation.