A birth injury can be a traumatic event for a child and their affected family, leaving parents wondering what to do to get their child the help they need to thrive and how they’re going to pay for the potentially lifelong care their child requires.
If you’re navigating the challenging journey of a birth injury in Florida, the expertise of the right attorney can make all the difference. At Brown Trial Firm, Florida birth injury attorney Laura Brown stands ready to help you fight for the justice and compensation you deserve.
With a proven track record of success, Laura has dedicated her career to supporting families affected by birth injuries, ensuring they receive the compensation necessary for their child’s care and future.
Don’t leave your child’s future up to chance.
Contact Laura Brown for a free consultation and take the first step toward securing the support and representation you need.
Is Florida a safe place for childbirth?
While Florida boasts many high-quality healthcare facilities and specialists in maternal and infant care, statewide statistics and specific health indicators can offer a broader perspective on the risks and challenges associated with childbirth in the region.
According to the March of Dimes 2023 Report Card, Florida earned a “D+” grade for its preterm birth rate, which was 10.6%, slightly higher than the national average of 10.4%.
This matters because preterm birth is a crucial indicator of future health and mortality risks among infants. In fact, preterm birth/low birth rate is the second-highest cause of death among infants in Florida, accounting for 15.3% of fatalities between 2019 and 2021.
These statistics underscore the challenges Florida faces in improving maternal and infant health outcomes and highlight the importance of targeted interventions and health care strategies to reduce preterm births and enhance the safety of childbirth in the state.
Birth injury from premature delivery
Answers to common questions about preterm deliveries and birth injury lawsuits.
When is a birth injury considered medical malpractice?
A birth injury is considered medical malpractice (or medical negligence) when a health care provider fails to meet the standard of care expected in the medical community, leading to harm to the mother or baby. This failure can occur due to actions taken or not taken by medical professionals during pregnancy, labor, delivery or immediately after birth.
For an injury to be categorized as stemming from medical negligence, it must be demonstrated that the health care provider’s actions or inactions deviated from the accepted standard of care and directly caused harm.
Common types of birth injuries associated with medical negligence include:
- Brachial plexus injuries (e.g., Erb’s palsy). These can occur when excessive force is applied to the baby’s head or neck during delivery, affecting the nerves that control arm and hand movements.
- Cerebral palsy. Often resulting from a lack of oxygen to the baby’s brain (hypoxic-ischemic encephalopathy or HIE) during labor and delivery, leading to permanent brain damage. This can be due to failure to monitor the baby’s oxygen levels, delay in performing a necessary cesarean section (C-section), or improper use of delivery instruments like forceps or a vacuum extractor.
- Broken bones (e.g., clavicle fractures). These can happen when excessive force is applied during delivery or in the management of shoulder dystocia, a delivery complication in which the baby’s shoulder becomes stuck during the birthing process.
- Perinatal asphyxia. This condition is caused by a lack of oxygen around the time of birth, which can lead to neurological and physical impairments. It can be due to improper monitoring of the baby’s and the mother’s vital signs or a failure to act promptly when signs of distress are evident.
- Intracranial hemorrhage or subdural hematoma. These types of injuries can be caused by trauma during delivery, including the misuse of forceps or vacuum extractors.
- Facial paralysis or Bell’s palsy. This can happen if too much pressure is applied to the baby’s face, which may occur with the use of forceps during delivery.
Laura Brown advocates for children impacted by birth injuries, helping families recover millions in compensation to support their children’s futures. Here’s just one of her many successful cases:
$7.7
Million
Cerebral palsy birth injury
Our client’s infant was diagnosed with cerebral palsy caused by misuse of Pitocin, delayed Cesarean section delivery, improper use of a vacuum extractor, and improper maneuvers during a shoulder dystocia.
We secured a successful recovery for our client and our fee was paid out of the gross settlement amount, meaning the client was able to secure our legal assistance without any out-of-pocket expense.
In each of these cases, for a birth injury to be considered medical negligence, it must be proven that the health care provider’s conduct fell below the accepted medical standard of care and that this breach directly resulted in the injury.
What is the birth injury fund in Florida?
The Florida Birth-Related Neurological Injury Compensation Association (NICA) is a state-established program designed to provide support and compensation to families of infants who have suffered certain types of neurological injuries during birth.
NICA is designed as a no-fault compensation program for specific birth-related neurological injuries, and it operates as an alternative to the traditional litigation process. By accepting benefits from NICA, families generally waive their right to pursue a lawsuit against health care providers for the injuries covered by the program. This means that for injuries that qualify under NICA, families cannot file a birth injury lawsuit in civil court for compensation related to those specific injuries.
It’s important for families to understand that opting for NICA benefits means relinquishing the right to seek legal action for damages traditionally pursued in birth injury lawsuits, such as pain and suffering, punitive damages, loss of the child’s ability to earn a future income, and other forms of compensation not covered by NICA, which can be crucial for your child’s long-term financial security.
Because of these considerations, it’s advisable for families to consult with a knowledgeable Florida birth injury attorney to fully understand their rights and legal options, including whether accepting NICA benefits is in their best interest or if pursuing legal action might offer a more favorable outcome.
Signs of developmental delays in babies & signs of a birth injury
Are you concerned your baby may be suffering from a birth injury? These types of developmental delays could be early indicators.
When can you file a lawsuit for a birth injury in Florida?
A birth injury lawsuit is a legal action taken by the parents or guardians of a child who has suffered harm before, during or shortly after birth due to the medical care they received. Negligence is a critical concept in birth injury lawsuits, and it refers to a failure to provide the standard of care that a reasonably competent health care professional would have provided under similar circumstances.
Demonstrating negligence involves establishing 4 key elements:
- Duty of care. It must be shown that the healthcare provider owed a duty of care to the patient. In the context of childbirth, this duty is inherent in the patient-provider relationship.
- Breach of duty. The health care provider failed to meet the standard of care. This could be through actions taken or failure to act (omissions).
- Causation. There must be a direct link between the health care provider’s breach of duty and the injury suffered. This means showing that the injury was a foreseeable result of the provider’s actions or inaction.
- Damages. The injury resulted in specific damages. This includes physical harm to the child but can also encompass emotional distress, medical bills and long-term care costs for the child.
Filing a lawsuit for a birth injury in Florida requires a deep understanding of medical and legal issues, as proving negligence can be complex. It involves a thorough review of medical records, expert testimony, and an in-depth analysis of the events leading to the injury. The goal is to demonstrate that the care provided fell below the accepted medical standard and directly caused the injury.
If successful, the lawsuit can result in compensation for medical expenses (past and future), pain and suffering, emotional distress, reduced quality of life, limited earning capacity, and other damages related to the injury. Given the complexities involved, consulting with an attorney who specializes in birth injury cases is crucial to navigating the legal process effectively.
What is the statute of limitations on birth injury in Florida?
For birth injury cases, Florida law stipulates that legal action must be initiated within 2 years from the date the injury is discovered or should have been discovered with due diligence. In some cases, this law allows for lawsuits to be filed up until the child turns 8 years old.
This extended statute of limitations acknowledges the reality that some birth-related injuries may not become evident immediately after birth. Conditions such as cerebral palsy can take years to diagnose. Thus, Florida’s statute of limitations for birth injuries provides families with a broader window to identify potential injuries and decide on pursuing legal action.
Get help from an experienced Florida birth injury attorney
Given the complexities surrounding birth injury cases and the specific legal timelines in Florida, it’s crucial for affected families to consult with an attorney who specializes in birth injury litigation as soon as possible to ensure that any legal action is taken within the appropriate time frames, preserving the family’s right to seek compensation for their child’s injury.
If you believe your child has suffered a birth injury in Florida due to a health care provider’s mistake, reach out to knowledgeable Florida birth injury attorney Laura Brown at Brown Trial Firm. Laura brings a wealth of experience and a deep commitment to advocating for families affected by birth injuries, ensuring that your case is handled with the care and diligence it deserves.
By partnering with Laura Brown, you gain a dedicated ally in your pursuit of justice, equipped with the expertise to navigate Florida’s legal landscape and secure the compensation necessary to support your child’s needs and future.
Don’t let the opportunity for legal recourse slip away; contact Brown Trial Firm today for a free consultation to learn more about your child’s rights.
Florida attorney facing a challenging birth injury case?
Laura Brown stands out for her unparalleled expertise in birth injury litigation, with a track record of notable successes both in Florida and across the nation. She possesses a deep understanding of the intricate issues surrounding birth injury cases, delivering personalized legal representation that combines compassion with strategic precision to address the specific needs of each family.
Collaborating with Laura Brown means joining forces with a committed champion for birth injury victims, backed by an extensive network of premier medical professionals and a steadfast dedication to achieving justice for your clients.
Elevate your client representation and boost the chances of securing a positive outcome by choosing Laura Brown as your partner in the complex journey of birth injury litigation.
