West Palm Beach Birth Injury Lawyers

Main Causes of Birth Injuries

With national statistics suggesting that up to 8 out of every 1,000 newborns are affected by birth injuries, the possibility of medical negligence causing harm is undeniable. The most common preventable causes of birth injuries include:

Oxygen Deprivation (Hypoxia/Asphyxia)

When a baby's brain doesn't receive sufficient oxygen during birth, permanent damage can occur within minutes. Medical professionals must promptly identify warning signs from placental issues, infections, or umbilical cord complications and take immediate action to prevent lasting neurological damage.

Improper Use of Delivery Tools

Forceps and vacuum extractors, when used incorrectly, can cause skull fractures, nerve damage, and brain injuries. Proper technique and appropriate use are critical for preventing these traumatic injuries that can lead to conditions like cerebral palsy or Erb's palsy.

Delayed Cesarean Sections

Failure to perform timely C-sections when confronted with fetal distress, uterine rupture, placenta previa, or prolonged labor can result in catastrophic outcomes. Medical staff must recognize when surgical intervention becomes necessary to prevent oxygen deprivation and birth trauma.

Prolonged Labor

Extended labor puts significant stress on both mother and baby. When a baby remains in the birth canal too long, the pressure can cause trauma to the infant's brain and nerves. Medical professionals must properly monitor labor progression and intervene appropriately to prevent birth injuries from prolonged delivery.

Other Common Causes

• Medication errors: Improper administration of labor-inducing drugs like Pitocin.
• Shoulder dystocia: When a baby's shoulder becomes lodged behind the mother's pubic bone.
• Umbilical cord complications: Prolapse, compression, or entanglement.
• Maternal infections: Untreated infections that pass to the baby during delivery.
• Improper fetal monitoring: Failure to detect signs of distress.
• Birth canal injuries: Trauma from improper positioning or excessive force.
• Labor-inducing drug complications: Hyperstimulation, causing contractions that are too frequent or intense.

Compensation Available in Birth Injury Cases

Birth injuries often require extensive medical treatment, specialized therapies, and lifelong care. Our West Palm Beach birth injury attorneys fight to secure compensation covering economic damages and non-economic damages:

• Medical expenses: Current and future costs for surgeries, hospital stays, medications, therapies, adaptive equipment, and home modifications.
• Specialized care costs: Expenses for in-home care, special education services, and assistance with activities of daily living.
• Lost income and benefits: Compensation for parents who must reduce work hours or leave employment to care for their child.
• Pain and suffering: Compensation for the physical pain and emotional distress suffered by your child.
• Loss of quality of life: Damages addressing restrictions on your child's ability to engage in normal activities.
• Emotional distress: Compensation for the psychological impact on parents witnessing their child's suffering.

At South Florida Justice, we work with experts like life care planners, economists, and medical professionals to accurately calculate your child's lifetime needs, ensuring no aspect of your damages is overlooked.

Determining the Negligent Parties in Birth Injury Cases

Determining liability in birth injury cases requires thorough investigation and deep analysis. Multiple parties may share responsibility for your child's injuries:

• Obstetricians and gynecologists: Doctors may be held liable for failing to identify risk factors, mismanaging complications during delivery, or making errors in judgment during critical moments.
• Nurses and midwives: Labor and delivery nurses and midwives play the main roles in monitoring mother and baby during labor, administering medications, and alerting physicians to concerning developments.
• Hospitals and healthcare facilities: Institutions may be responsible for inadequate staffing, failure to maintain proper equipment, or insufficient protocols and training programs.
• Pharmaceutical companies: In some cases, defective drugs or improper medication dosing during labor and delivery can contribute to birth injuries.

South Florida Justice leaves no stone unturned when investigating your case and maximizes your potential compensation by identifying all responsible parties.

Florida Birth Injury Limitations and Requirements

Birth injury cases in Florida are subject to specific legal constraints that can significantly impact your right to compensation:

Statute of Limitations

Under Florida Statutes §95.11(4)(b), families have a two-year filing deadline from injury discovery, with a four-year maximum limit, though exceptions exist for fraud or concealment. In certain cases, a seven-year absolute deadline may apply.

Pre-Suit Requirements

Florida Statutes §766.104 and §766.106 mandate investigation before filing, including formal notice to all potential defendants and submission of a medical practitioner affidavit confirming claim validity.

Expert Witness Standards

Courts require testimony from qualified medical professionals according to Florida Statutes §766.102, often requiring Florida-licensed physicians who meet strict statutory qualifications outlined in state law.

NICA Program

The Florida Birth-Related Neurological Injury Compensation Association, established by Florida Statutes §766.301-766.316, provides an alternative compensation system for qualifying neurological birth injuries with distinct procedures and deadlines.

Damage Caps

The Florida Supreme Court ruled that previous non-economic damage caps were unconstitutional in North Broward Hospital District v. Kalitan (2017).