Orlando Birth Injury Lawyer

Few things cause parents as much excitement as the birth of their child. However, medical emergencies during delivery can cause stress and concern for families when a newborn is suddenly injured. If negligent care during pregnancy, labor, or delivery caused your child’s injury, contacting an Orlando birth injury lawyer may help you learn about your rights and whether you have a potential birth injury claim.

Birth injuries can result in lifelong disabilities that require substantial medical review and an understanding of Florida birth injury law. Parents understandably want to know why the injury occurred and what life may be like for their child.

Dedicated Legal Professionals

At Spangenberg Shibley & Liber, we have been serving injury victims since 1946. Our lawyers have recovered over $1 billion in verdicts and settlements while handling many of the nation’s most complex medical malpractice and catastrophic injury cases. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits.

We have spent decades litigating cases against hospitals, physicians, and large healthcare systems throughout Florida. Our lawyers understand how much work goes into each medical investigation. We can carefully build your case, drawing on professional testimony and skilled trial advocacy to pursue justice on your behalf.

Signs a Birth Injury May Have Occurred

Birth injuries are not always obvious at birth. Some conditions are apparent immediately after delivery, but others may go unnoticed until a child fails to meet developmental milestones or has issues with crawling, walking, talking, or learning. The sooner you notice something may be wrong with your child, the sooner you can seek medical treatment and begin answering questions.

Issues such as seizures, trouble eating, low muscle tone, stiffness, weakness in one arm, limited movement, delays in rolling over or walking, poor motor skills, or slow development can be signs of a birth injury. Some children have vision or hearing loss, cognitive delays, or balance problems that last into adulthood.

Parents who receive medical care at AdventHealth for Women, Orlando Health Arnold Palmer Hospital for Children, or other area hospitals and birthing centers know many childhood accidents, injuries, and illnesses are not caused by medical malpractice. 

However, if you ever have concerns with the care you or your baby received before, during, or immediately following delivery, speaking with a doctor may allow you to learn more about whether further investigation is warranted.

The Effects of Birth Injuries

One of the most prevalent birth defects is cerebral palsy. The Centers for Disease Control and Prevention estimates that 2.4 of every 1,000 8-year-old children in the United States have cerebral palsy. Some serious birth injuries affect every aspect of a child’s life. In some cases, children must undergo regular treatment for the rest of their lives. These can create financial and emotional struggles for both the child and their families. Long-term care can include:

• Physical therapy
• Speech pathology
• Braces
• Wheelchairs
• Occupational therapy
• Special education
• Regular doctor or hospital visits

Some children have to go through corrective surgeries or remain under a doctor’s care for life. Parents often find they need to take time off from work for doctor’s appointments, therapies, or to provide additional care for their child. In some families, one parent may take a reduced schedule or stop working to care for their child. Either situation can drastically reduce your income while medical costs and caretaking responsibilities continue to rise. 

The Importance of Early Diagnosis

Early diagnosis may help improve outcomes for children who suffered a birth injury. The earlier physicians can detect developmental delays or neurological issues, the sooner they can begin therapy and other supportive treatment during key stages of development.

Diagnosis can also allow family members to apply for the assistance they need, such as for special education or assistive devices. While some injuries cannot be reversed, early intervention may enhance mobility, communication, and independence to maximize quality of life. 

If you suspect your child suffered a birth injury, early diagnosis and documentation can also help you and your Orlando birth injury attorney understand what happened before and during labor, delivery, and neonatal care. 

Relevant Birth Injury Laws in Florida

Claims for birth injuries are typically covered under Florida’s medical malpractice laws. Florida law includes rules and legal standards that dictate how much compensation can be pursued and the procedures that must be followed to recover damages.

For example, per Florida Statutes Chapter 766, there are several pre-suit requirements that must be met prior to filing a medical malpractice claim. The injured party must typically investigate the claim, get an opinion from a medical professional, and inform the defendant of the legal action. 

Florida also has time limits that dictate how long someone has to file a birth injury claim. Typically, Florida Statutes § 95.11 dictates the filing deadline, though this can shift depending on when the injury came to light and the age of the child. Birth injury cases require extensive knowledge of complex medical records and review by independent medical professionals. 

Hire a Birth Injury Lawyer

Our law firm helps families who hire a birth injury lawyer understand how medical care was provided before and during delivery. Many parties can be liable for birth injuries, such as doctors, nurses, hospitals, and emergency rooms. As your lawyer, it is our job to locate the responsible parties and hold them accountable. We can do this in your case and seek the compensation that you need. 

Birth injury claims in Orlando are typically heard in the Orange County Courthouse at 425 North Orange Avenue, Orlando, FL 32801.

FAQs

Q: What Is the Difference Between a Birth Injury and a Birth Defect?

A: Birth injuries happen before, during, or immediately after delivery and cause physical damage to a child. Birth defects arise during pregnancy in most cases and are typically due to genetics, exposure to environmental toxins or factors, or other reasons. Birth injuries and defects are sometimes mistaken for one another but are different both medically and legally. Birth injuries can sometimes be caused by negligence. Birth defects typically cannot.

Q: Can the Mother Sustain a Birth Injury?

A: Yes, birth injuries can happen to mothers. Serious complications during pregnancy, childbirth, or delivery can cause mothers to suffer injuries. Some of these injuries include hemorrhaging, infections, and nerve damage. Mothers who were harmed by a doctor’s or nurse’s careless actions that otherwise could have been prevented may be eligible to file a medical malpractice claim. 

Q: Does Premature Birth Increase the Risk of Birth Injury?

A: Premature babies are more vulnerable since their developing bodies and organ systems might still be immature. The brain, lungs, vision, and nervous system can all be affected. While an early birth does not necessarily mean that medical negligence occurred, doctors and hospitals should be monitoring high-risk pregnancies more closely. 

Q: Can Birth Injuries Affect My Child Later in Life?

A: Yes, some birth injuries do not reveal themselves until later in childhood. If your child has delayed speech, movement, or problems learning, keeping balance, or with thinking skills, a doctor should examine them. Your child’s doctor can conduct tests to determine whether their developmental delays are linked to an injury that occurred during pregnancy, labor, or delivery. 

Speak With an Attorney Today

If you or your baby suffered a birth injury at the hands of a medical professional, Spangenberg Shibley & Liber can help you in the legal process. Contact us today for more information.