At Brown Trial Firm, our practice is dedicated to helping Orlando families affected by cerebral palsy and hypoxic-ischemic encephalopathy (HIE). Understanding the profound impact that these conditions can have on a child’s life and the entire family, we’re committed to providing compassionate, skilled legal representation to those navigating the aftermath of a birth injury.
With years of experience and a track record of success in birth injury cases, Brown Trial Firm is uniquely equipped to advocate for the rights of your child and your family, ensuring that you receive the compensation necessary to support your child’s medical needs, care, and quality of life.
If your child has been diagnosed with cerebral palsy or HIE due to a birth injury and you believe medical negligence may have played a role, you’re in the right place. Let us help you take the first step toward justice and healing.
What is considered medical negligence in the state of Florida?
In Orlando and throughout the state of Florida, medical negligence, also known as medical malpractice, is defined as a situation where a health care provider, such as a doctor, nurse or hospital, fails to provide a standard of care that a reasonably prudent health care provider would offer in a similar situation, resulting in harm to the patient. This standard of care is based on the practices and procedures that are widely accepted by the medical community as being adequate and appropriate healthcare.
To prove medical negligence in Florida, it must be demonstrated that the health care provider deviated from this accepted standard of care and that this deviation directly caused injury or harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management during pregnancy, labor or delivery.
Can medical negligence lead to birth injuries like HIE and cerebral palsy?
Yes, medical negligence can lead to birth injuries such as hypoxic-ischemic encephalopathy (HIE) and cerebral palsy through a series of failures or mismanagements in prenatal care, labor, delivery, or postnatal care. Here’s how negligence might contribute to these conditions:
- Failure in monitoring fetal distress. Inadequate monitoring of the fetus during labor can lead to missed signs of distress, such as oxygen deprivation. If health care providers fail to act on these signs promptly, it can result in HIE, a condition caused by reduced oxygen and blood flow to the baby’s brain. HIE, depending on its severity, can lead to cerebral palsy, a permanent movement disorder.
- Improper use of delivery instruments. The negligent use of forceps or vacuum extractors during delivery can cause physical trauma to the infant’s head, leading to brain injuries that manifest as HIE or cerebral palsy. Excessive force or incorrect application of these instruments can cause direct injury to the brain or interfere with oxygen delivery.
- Delayed delivery or cesarean section (C-section). Delay in deciding to perform a C-section in the face of complications can result in prolonged labor, which increases the risk of oxygen deprivation to the baby. This delay can be a critical factor leading to HIE, which is a risk factor for developing cerebral palsy.
- Mismanagement of maternal health conditions. Negligence in managing maternal health conditions such as preeclampsia, gestational diabetes, or infections can also contribute to the risk of HIE and cerebral palsy in newborns. These conditions can affect placental function and fetal oxygen supply, and failure to adequately control them can lead to complications during birth.
- Inadequate postnatal care. Failing to provide appropriate care for a newborn showing signs of distress or brain injury can exacerbate the condition. Immediate and appropriate intervention is crucial in cases of HIE to minimize long-term damage. Neglecting to cool the baby (therapeutic hypothermia) promptly after birth, when indicated for HIE, can lead to worse outcomes, potentially resulting in cerebral palsy.
In each scenario, the underlying issue is the health care provider’s failure to adhere to the accepted standard of care, leading to preventable injury. Families affected by such negligence may seek legal recourse to obtain compensation for the medical care, rehabilitation and support services needed for their child’s condition.
Do I need an Orlando cerebral palsy birth injury attorney?
If your child has suffered a birth injury in Orlando, it’s essential to consult with a birth injury attorney who understands the complexities of Florida’s medical malpractice laws so you can secure the necessary support for your child’s future.
Birth injury cases in Orlando require a deep understanding of both medical and state-specific legal practices. An Orlando birth injury attorney will have the local knowledge, experience and resources to effectively assess the details of your situation, identify whether medical negligence occurred, and outline the best path forward.
Given the formidable challenge of confronting health care institutions and their legal teams, having a seasoned Orlando birth injury attorney by your side is essential for advocating for your child’s rights and obtaining the compensation you deserve.
How can an Orlando cerebral palsy attorney help with my case?
An Orlando cerebral palsy attorney can provide specialized support by conducting a thorough investigation of your case, which includes obtaining and analyzing medical records, consulting with medical experts familiar with Florida’s health care standards, and identifying breaches in the standard of care provided.
Their expertise in Orlando’s legal landscape enables them to develop a compelling argument that showcases how medical negligence led to your child’s injury. They’ll also evaluate the long-term implications of the injury, factoring in future medical treatments, therapies and necessary life adjustments, to ensure that any claims or lawsuits accurately reflect the full spectrum of your child’s needs.
By negotiating diligently or litigating on your behalf, an Orlando medical negligence attorney strives to achieve the best possible outcome, maximizing your compensation and enabling you to focus on your child’s care and recovery without the added stress of legal battles.
Notable cerebral palsy case in Florida
With the right attorney, families in Orlando can and do recover significant compensation for medical malpractice that leads to cerebral palsy. Here’s a recent example that made the news. In a notable Florida case, NorthShore University HealthSystem and Dr. Fabio Ortega agreed to a $35 million settlement after allegations of medical negligence during a baby’s delivery led to the child developing cerebral palsy.
The lawsuit centered on the claim that negligent decisions made during labor and delivery resulted in the girl, now 7 years old and in need of lifelong care, suffering significant injuries. Despite the health system and Dr. Ortega’s denial of the negligence allegations during the trial, the substantial settlement reflects the gravity of the impact on the child’s life, who is unable to talk, walk without assistance, or eat without a gastrostomy tube, contrasting with her healthy twin brother.
This case underscores the critical importance of having a seasoned birth injury attorney to ensure healthcare providers are held accountable.
Orlando resources for cerebral palsy
Below are some local resources that can help children and families affected by cerebral palsy:
United Cerebral Palsy of Central Florida (UCP Central Florida)
UCP Central Florida offers comprehensive services, including therapy, early childhood education, and support services for children with disabilities and developmental delays, including cerebral palsy. They focus on providing support not just to the child but to the entire family, with multiple locations across Central Florida for greater accessibility.
- Address: 3305 S Orange Ave, Orlando, FL 32806
- Phone: (407) 852-3300
Orlando Health Arnold Palmer Hospital for Children
Arnold Palmer Hospital for Children provides a wide range of pediatric services and specialties, including a dedicated center for children with cerebral palsy. Their multidisciplinary approach offers access to a team of specialists focused on pediatric neurology, orthopedics, and rehabilitation services tailored to the needs of children with cerebral palsy.
- Address: 92 W Miller St, Orlando, FL 32806
- Phone: (407) 649-9111
Get help from an experienced Orlando birth injury attorney
If your family is grappling with the aftermath of a cerebral palsy, HIE or any other birth injury in Orlando, don’t face this challenging journey alone. At Brown Trial Firm, experienced Orlando birth injury attorney Laura Brown stands ready to offer you the support, guidance, and legal expertise necessary to navigate the complex landscape of birth injury claims.
With a proven track record of securing justice and substantial settlements for affected families, Laura understands the profound impact these injuries can have on your child’s life and your family’s future. She’s committed to fighting tirelessly on your behalf, ensuring that you receive the compensation and resources needed for your child’s care and well-being.
Contact the Brown Trial Firm today to schedule a free consultation.