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Having a baby is meant to be an exciting time, but medical errors during pregnancy, labor, or birth can cause serious injuries that permanently change the lives of infants and mothers. If you suspect your child suffered because of negligent medical care, you may have legal rights that a Tampa birth injury lawyer can explain. Birth injury claims rely on complex medical and factual issues, extensive documentation, and testimony from medical professionals.
Our law firm has advocated on behalf of injury victims and families since 1946. We have recovered over $1 billion in verdicts and settlements for our clients and are nationally renowned for our complex medical malpractice cases. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits.
We’re dedicated to advocating for families impacted by negligence, striving to pursue justice for those who’ve endured preventable harm. With decades of combined experience evaluating catastrophic injuries and wrongful death, our trial lawyers advocate to protect your rights when errors in the medical system impact your life.
We have a proven track record of holding negligent parties accountable, as demonstrated by our significant verdicts and settlements. Our trial lawyers pride themselves on meticulous preparation, professional investigation, and effective trial advocacy in some of Florida’s most complex medical cases.
A birth injury refers to an injury suffered by a child or mother during pregnancy, labor and delivery, or immediately after birth. Although some birth injuries are unavoidable even when doctors and nurses provide competent care, many birth injuries are caused by medical errors or delays in recognizing and responding to problems. Common types of birth injuries include:
Cerebral palsy is one of the most common birth injuries. According to the Centers for Disease Control and Prevention, about 2.4 per 1,000 children 8 years old in the United States have cerebral palsy.
Birth injury claims generally focus on whether or not doctors and nurses provided care that aligned with the accepted professional standard of care before and during labor.
Birth injuries happen for many reasons. Medical negligence does not cause every birth injury. However, certain birth injuries are preventable when healthcare professionals fail to detect fetal distress, use delivery tools incorrectly, unnecessarily delay a C-section, improperly manage shoulder dystocia, fail to monitor mother and baby during labor, or make medication errors.
Some birth injury claims involve failing to diagnose infections in a mother’s uterus, untreated complications during pregnancy, inadequate monitoring before and during labor, or miscommunications between doctors, nurses, and technicians. Medical professionals should review your child’s medical records to determine if negligence caused your child’s injury.
In Florida, most birth injury claims are considered medical malpractice and must abide by Florida’s medical malpractice laws. Before you can formally file a claim, Florida law requires claimants to fulfill specific pre-suit requirements. These requirements include investigating the claim and obtaining an opinion from a medical professional supporting the claim’s allegations.
Florida statutes also set forth time limits for filing medical malpractice claims. While several different statutes may apply, most claims are governed by Florida Statutes § 95.11. However, the time limit can vary based on several factors, including the type of injury and when the injury was discovered. Because birth injury cases can involve nuanced factual and medical issues, do not hesitate to contact an attorney to learn about your rights.
As with most medical malpractice claims, claimants must prove the healthcare provider failed to meet the acceptable professional standard of care when treating their child, and that breach directly caused the baby’s injury. Additionally, the claimant must prove damages resulted from the injury. Evidence may include:
Medical professionals play a crucial role in birth injury claims due to the lifelong medical care your child may require.
A birth injury drastically impacts not only the injured child’s life but also their family. Parents and guardians may recover damages for economic losses, such as medical expenses, and non-economic losses depending on the facts of their case.
These damages may include but are not limited to medical bills, long-term rehabilitation and therapy, special equipment, home modifications, special education needs, lost earning capacity, and many other costs related to the child’s care. Families can also recover compensation for pain and emotional suffering, emotional distress, disability, and loss of enjoyment of life.
Your potential damages in a birth injury claim are shaped by a variety of aspects, including the severity of the injuries and the supporting documentation you possess.
Due to the severity of many birth injuries, these cases often involve large amounts of medical records, multiple healthcare providers, and complex causation and damages issues. When you hire a birth injury lawyer, you benefit from legal representation that can gather medical records, consult with medical professionals, identify negligent healthcare providers, understand long-term care requirements, and navigate Florida’s medical malpractice laws.
Should your case go to trial, your attorney can handle the discovery process, negotiate with opposing counsel, and prepare for trial.
Birth injury claims in Tampa are typically filed in the Hillsborough County Circuit Court, which is located at 800 East Twiggs Street, Tampa, FL 33602. Birth injury cases are often complex, but a Tampa birth injury attorney can assist you in this legal process.
A: Birth injury refers to any type of physical injury that occurs to the baby or mother during pregnancy, throughout labor and delivery, or shortly after birth. Many birth injuries are unavoidable birth complications, but some can be caused by medical negligence that could have been prevented. A birth injury does not always equal grounds for a birth injury claim.
A: It’s possible that you can file a claim for a traumatic birth. A traumatic birth or difficult birth does not always warrant grounds for legal action. Birth injury claims are only viable if your doctor or medical provider was negligent during pregnancy, labor, or delivery, resulting in preventable injuries to mother or child.
Establishing whether or not negligence was present during birth usually requires extensive review of your medical records and consultation with a medical professional.
A: There is no set dollar amount that you can recover from a birth injury case. Every situation is different, and the value of your case is calculated based on many different factors. These factors may include the nature and extent of the injury, cost of future medical care and rehabilitation, long-term care, loss of future earning capacity, and pain and emotional suffering.
Injuries that are catastrophic or require lifelong treatment have significantly more serious damages than milder injuries.
A: Four of the most common birth injuries are cerebral palsy, Erb’s palsy, brain injuries, and fractures. Birth injuries such as cerebral palsy and Erb’s palsy can be temporary or permanent. Brain injuries are usually caused by oxygen deprivation during birth, and fractures can occur during delivery. Not all birth injuries are the result of medical malpractice, and each birth injury should be evaluated by medical professionals.
If you or a loved one suffered injury during birth, Spangenberg Shibley & Liber can look at the facts of your case and inform you of your legal options. Contact us today to speak with an attorney.
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