Florida Birth Injury Attorneys

Florida Birth Injury Attorneys

The birth of a newborn child is generally considered to be one of the most exciting and happy times in a family’s and parent’s lives. Unfortunately however, there are times when healthcare providers are negligent during the process of the pregnancy, labor and delivery of an infant. This negligence can cause birth injuries that can have a seriously negative impact on both the parents and the child for their entire lives.

As a parent this can be emotionally overwhelming, and you may not know where to turn to for help. In this instance, if you suspect that a child birth injury took place because of the negligence of a medical professional, it is strongly advised to reach out to a lawyer specializing in medical malpractice and birth injury cases.

While it is truly impossible to completely compensate someone for a permanent and debilitating injury, a Florida birth injury attorney can help you understand what legal options you have to be able to be able to receive justice.

Birth Injury Claims: Key Takeaways

• Birth injuries may result from negligent care before, during, or immediately after delivery, although some complications are not preventable.
• Common issues in birth injury claims can include delayed C-sections, fetal monitoring failures, medication errors, improper use of delivery tools, and failures to diagnose maternal or fetal conditions.
• Florida birth injury claims are governed by the state’s medical malpractice laws and may involve specific filing deadlines, presuit requirements, and in some cases, the NICA program.
• Serious birth injuries can include cerebral palsy, hypoxic-ischemic encephalopathy, brain damage, skeletal injuries, and wrongful death.
• Di Pietro Partners represents families throughout Florida, as well as out-of-state clients whose child’s medical injury occurred within the State of Florida.
  

Childbirth Injuries

Each birth injury case is unique and requires expertise to properly determine who is responsible. Some birth injuries are naturally occurring as a result of pregnancy complications and/or difficulties with labor. Some birth injuries may result from healthcare provider negligence before, during, or immediately after delivery, while others can occur because of complications that are not preventable. Determining whether medical negligence contributed to a birth injury requires a careful review of the medical records and the circumstances surrounding the pregnancy, labor, and delivery.

Depending on the circumstances, obstetricians, nurses, hospitals, or other healthcare providers involved in the delivery may be held liable if their negligence caused or contributed to the injury.

There are multiple causes of childbirth injuries due to medical malpractice. Below are a list of the most common mistakes and negligent actions that cause birth injuries:

• Using incorrect delivery room techniques
• Incorrectly monitoring the heart rate of the fetus
• Incorrectly performed procedures or surgical errors including the delay of a C-section
• Birth asphyxia due to incorrect monitoring of the oxygen levels
• Incorrect use of delivery room tools and equipment such as forceps
• Providing the improper treatment or incorrect delivery room drugs to the mother.
• Not providing proper monitoring to delivery room patients
• Not following correct and established delivery room rules and procedures
• A misdiagnosis of a medical condition before or after childbirth

As a result of these mistakes and negligence, serious birth injuries can occur that often have lasting and permanent negative effects on the child’s and parent’s lives. The most common birth injuries that occur are as follows:

• Skull and skeletal damage
• Cerebral Palsy, a disorder that affects the ability to move, maintain balance and a correct posture
• Hypoxia, a condition which often progresses into a disorder known as hypoxic-ischemic encephalopathy, causing cognitive deficiencies and brain damage
• Permanent and irreversible brain damage
• Wrongful death

Florida Statute of Limitations for Birth Injury Cases

In Florida, there is a limited amount of time for the parent(s) of a child who is suffering from birth injuries to file a claim or lawsuit for medical malpractice against negligent healthcare providers and/or hospitals. This statute of limitations can often be difficult to navigate, especially while parent(s) are handling other matters related to the birth injury. Because of this, it is strongly advised to contact an attorney specializing in Florida birth injury law right away. Discussing your case with an attorney will allow them to help you through this process and ensure you fall within the time limit of the statute of limitations.

In most cases, Florida’s statute of limitations for medical malpractice requires a claim to be brought within two years from the time the incident is discovered, or should have been discovered with the exercise of due diligence. Determining when an injury reasonably should have been discovered can be complicated, particularly in birth injury cases where the full extent or cause of a child’s condition may not be immediately apparent.

Florida also generally imposes a four-year statute of repose measured from the date of the medical malpractice incident, regardless of when the injury was discovered. However, Florida law provides exceptions that can affect these deadlines, including provisions involving minors and cases involving fraud, concealment, or intentional misrepresentation.

Florida law also provides an important exception for claims brought on behalf of minors. The four-year statute of repose generally does not bar a medical malpractice action brought on behalf of a child on or before the child’s eighth birthday. However, the specific deadline depends on the circumstances of the case, including when the injury was or should have been discovered and whether other statutory exceptions apply.

Certain serious neurological injuries occurring during labor, delivery, or immediate post-delivery resuscitation may also fall under Florida’s Birth-Related Neurological Injury Compensation Plan (NICA). When NICA applies, it may provide the exclusive remedy rather than a traditional medical malpractice lawsuit.

Filing a Florida Birth Injury Lawsuit

In Florida, birth injuries fall within the realm of medical malpractice. By definition, medical malpractice is when a healthcare provider violates the established standard of care required for their patients. As required in all personal injury cases in Florida, cases involving birth injury place the burden of proof on the plaintiff or the plaintiff’s representative to prove negligence, injuries and/or damages.

Because birth injury cases in Florida fall within the realm of medical malpractice, healthcare providers are held to the same standard as all other medical malpractice cases. This standard is defined by Florida statute 766.102(1), which states, “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” (Florida Legislature Chapter 766.102, MEDICAL MALPRACTICE AND RELATED MATTERS)

Any healthcare provider who fails to act as any reasonable physician or obstetrician would under the circumstances surrounding pregnancy and childbirth is in breach of this applicable standard of care and can be liable for negligence.

While the healthcare provider may be the one at fault, it is up to the plaintiff to show that the negligent healthcare provider breached the standard of care and that this breach resulted in injuries and/or damages. Once this burden of proof is met, a child may recover compensation for any medical bills related to the injury. They also may be eligible for compensation for the long term pain and suffering caused, as well as any inconvenience and future care required.

Why Hire Di Pietro Partners for a Birth Injury Case?

Medical and Legal Insight
Di Pietro Partners works alongside a quadruple board-certified physician when evaluating medical malpractice matters. This combination of legal and medical insight can be especially valuable in birth injury cases involving complex medical records, fetal monitoring, labor and delivery decisions, and newborn care.

Extensive Healthcare Experience
Managing Partner David Di Pietro has extensive experience with healthcare-related legal matters and previously served as Chairman of Broward Health, one of Florida’s largest public healthcare systems.

Experienced Trial Attorneys
Birth injury cases can involve hospitals, physicians, nurses, insurance companies, and medical experts. Our attorneys have substantial litigation and courtroom experience and are prepared to pursue a case through trial when necessary.

No Fee Unless We Recover Compensation
Di Pietro Partners handles medical malpractice cases on a contingency fee basis. Clients pay no attorney’s fees unless we recover compensation on their behalf.

Speak With a Florida Medical Malpractice Attorney for Birth Injuries

Di Pietro Partners is a Fort Lauderdale based law firm that represents both medical providers as well as victims of medical malpractice and personal injury lawsuits. This experience gives our attorneys insight into both the legal and healthcare issues that can arise in complex birth injury claims.

Our team also works alongside a quadruple board-certified physician when evaluating medical malpractice matters, helping us assess the medical records, treatment decisions, and potential causes of injury involved in a birth injury case.

If you or someone you know has been negatively affected due to a child birth injury which occurred in the State of Florida, contact our law firm for a free and confidential case evaluation. We represent families throughout Florida, as well as out-of-state clients whose child’s medical injury occurred within Florida. There are no attorney’s fees unless we recover compensation on your behalf.