How Do I Prove My Child’s Birth Injury is Due to Malpractice?

Proving that a birth injury is due to malpractice involves gathering the family’s relevant medical records and hiring a medical expert who can explain how avoidable errors during pregnancy, labor or delivery led to the child’s condition. Parents who have questions about their legal rights should promptly consult with an experienced Florida birth injury lawyer who can advise them and take appropriate legal action on their behalf.

Birth injuries due to malpractice are far more common than they should be. Multiple studies have found that malpractice is a leading cause of preventable birth injuries, from shoulder dystocia to brain trauma resulting in lifelong cognitive disabilities.

This includes malpractice during pregnancy, labor and delivery. Medical errors at every stage of the process have the potential to lead to adverse outcomes that could (and should) have been avoided. If you suspect that your child’s birth injury may have been due to malpractice, your family may be entitled to financial compensation, and it will be worth speaking with a Florida birth injury lawyer about your next steps.

What Types of Birth Injuries Can Be Caused By Malpractice?

Numerous types of birth injuries can be caused by malpractice. By their nature, many birth injuries simply should not occur with quality care. Birth injuries caused by physical trauma during delivery, for example, are preventable in virtually all scenarios.

Other birth injuries may be indicative of malpractice in some cases but not others. With that said, as the medical profession’s collective knowledge grows and medical technologies continuously improve, excuses for non-hereditary birth injuries are becoming increasingly rare.

Taking this into account, some of the more common examples of birth injuries that can frequently be attributed to malpractice include:

• Brachial plexus injuries
• Cerebral palsy and Erb’s palsy
• Hypoxic-ischemic encephalopathy (HIE) and related conditions
• Nerve damage
• Shoulder dystocia

These conditions, among many others, can raise serious concerns about malpractice. If you have concerns, you should not ignore them.

What Should I Do if I Suspect OB-GYN or Neonatal Malpractice?

If you suspect that your child’s birth injury may be due to OB-GYN or neonatal malpractice, you should be proactive about protecting your family’s legal rights. Nothing will happen unless you take action. To determine if a malpractice claim is warranted, you should:

1. Collect Your Family’s Medical Records

You should collect as many medical records as you can related to your child’s birth—from pregnancy through delivery and any subsequent neonatal care. Do your best to locate any medical records you already have in your possession, then consolidate them into a single file.

2. Take Detailed Notes

You should also take detailed notes. Write down why you suspect malpractice and when you started to have concerns. Write down the names of the specific healthcare providers involved (if you know them), and record any other details that come to mind.

3. Schedule a Free Consultation

Filing a successful birth injury claim will require experienced legal representation. The process is complicated, and there are steps that you are legally required to take in order to assert your family’s legal rights. An experienced Florida birth injury lawyer will be able to do what is necessary on your family’s behalf.

How Do I File a Malpractice Claim for a Birth Injury in Florida?

Filing a malpractice claim for a birth injury in Florida starts with serving a Notice of Intent (NOI) on your healthcare provider. This NOI must include an affidavit from a qualified medical expert attesting to the fact that a malpractice claim is warranted. Once you serve your NOI, your healthcare provider will then have 90 days to conduct an investigation and attempt to negotiate an amicable resolution if warranted.

After this 90-day period expires, you will have the right to take your case to court if necessary. Settlement negotiations can (and frequently do) extend beyond this deadline, and the vast majority of successful birth injury claims settle without going to trial.

FAQs: Medical Malpractice Claims Involving Birth Injuries in Florida

When can parents sue for birth injuries in Florida?

Florida parents can sue for birth injuries that result from medical errors during pregnancy, labor and delivery. Generally, parents have two years to file a claim once they learn of their child’s diagnosis, though birth injury claims generally cannot be filed after a child’s eighth birthday.

What compensation is available in Florida birth injury cases?

The compensation available in Florida birth injury cases depends on each child’s condition and the long-term consequences of his or her diagnosis. When you speak with a Florida birth injury lawyer about your family’s legal rights, your lawyer will be able to assess the damages your family is entitled to recover. Generally speaking, potential damages in birth injury cases include compensation for medical expenses, lost earning capacity, pain and suffering, and other financial and non-financial losses.

How can I determine if my child’s birth injury is due to malpractice?

Determining the cause of a child’s birth injury requires an assessment by a qualified medical expert. If it appears that your family may have a claim, our law firm can engage a qualified expert to examine and document the cause of your child’s condition.

How Our Florida Birth Injury Lawyers Can Help

Birth injury cases are complex, so it is important for families to have experienced legal representation. At Searcy Denney, we are committed to helping families hold negligent healthcare providers accountable. Our lawyers can assess your family’s legal rights for free; and, if you have grounds to file a malpractice claim, we can handle your claim at no out-of-pocket cost to you.

Discuss Your Family’s Legal Rights with a Florida Birth Injury Lawyer for Free

If you would like to discuss your family’s legal rights with a Florida birth injury lawyer at Searcy Denney, contact us today. We rely on decades of experience to help families across Florida recover just compensation. For a free, no-obligation consultation, call 800-780-8607 or tell us how we can help online today.