Birth Injuries and Malpractice: What Florida Parents Need to Know
When a child suffers harm during birth, it can leave parents feeling uncertain and overwhelmed. For families in Bradenton and throughout Tampa Bay, understanding when a preventable birth injury qualifies as medical malpractice is essential. At Shapiro Law Group, we have more than 30 years of experience helping families pursue justice when medical negligence leads to lasting harm.
Understanding Birth Injuries in Florida
A birth injury refers to physical or neurological damage that occurs during labor or delivery. These injuries differ from genetic or prenatal conditions because they often stem from medical errors before, during, or shortly after birth. Common examples include oxygen deprivation, improper use of delivery tools, or delays in performing a cesarean section.
When medical professionals fail to provide appropriate care, families may have grounds for a claim, which a qualified medical negligence attorney in Florida can handle. You can learn more about related legal services on our medical malpractice practice page. If your family believes medical errors caused a birth injury, reach out to our firm for immediate guidance.
Common Causes and Types of Birth Injuries
Medical staff must closely monitor both the mother and baby throughout labor and delivery. A failure to do so can result in severe complications. Frequent causes of birth injuries include:
- Failure to respond to fetal distress
- Misuse of forceps or vacuum extractors
- Delayed cesarean section
- Improper administration of medication or anesthesia
Injuries that often result from these errors include cerebral palsy, brachial plexus damage, fractures, and brain injuries caused by oxygen deprivation. In many cases, the issue is not the condition itself but the failure to take timely and appropriate action. Families can find additional information about available support on our personal injury practice page. Speaking with experienced medical malpractice lawyers in Florida can help determine if the standard of care was violated.
How Malpractice is Proven
Establishing malpractice requires clear evidence that the healthcare provider failed to meet the standard of care expected of a reasonably competent professional. The legal process involves proving four essential elements:
- The provider owed a duty of care
- That duty was breached
- The breach directly caused the injury
- The injury led to measurable damages
According to the National Institutes of Health, birth-related injuries often occur when fetal monitoring or delivery interventions are mishandled. Hospitals and medical professionals can be held accountable when their errors result in lasting disabilities. Working with a trusted medical malpractice attorney can help ensure that your child’s rights and future care needs are adequately addressed. Visit our about us page to learn more about how our firm approaches these cases.
Florida’s Time Limits for Filing a Claim
In Florida, medical malpractice cases must generally be filed within two years from the date the injury was discovered or reasonably should have been discovered. However, no action may be brought more than four years after the date of the incident unless fraud or concealment is involved. Parents should seek immediate legal advice once they suspect malpractice, as delays may prevent a claim from being filed. Early consultation allows an attorney to collect medical records, secure witness statements, and consult medical experts while evidence is still available.
Compensation and Long-Term Care
Compensation in birth injury cases can include medical expenses, physical and occupational therapy, assistive devices, home modifications, and long-term care. The financial impact can be significant, especially when lifelong medical support is required. According to data from the Centers for Disease Control and Prevention, the lifetime cost of care for a child with cerebral palsy can exceed $1 million. An experienced legal team can help calculate the actual cost of future treatment to ensure your family receives fair compensation.
Seeking Legal Support
Birth injury cases are among the most emotionally and financially challenging types of medical malpractice claims. Families deserve compassionate representation from a firm with a strong history of helping clients hold negligent medical professionals accountable. At Shapiro Law Group, our attorneys handle serious medical injury and personal injury matters for families across Bradenton, Tampa Bay, and Florida.
Helping Families Pursue Justice
A birth injury can change a family’s future, but it should not define it. Our firm is dedicated to helping parents secure the resources their child needs to live as fully as possible. The attorneys at Shapiro Law Group combine extensive medical knowledge with decades of trial experience to guide families through the legal process with care and determination. We serve clients throughout Bradenton, Tampa Bay, and across Florida. To discuss your situation with our team, contact us today to learn how we can help protect your child’s future.
