Welcoming a new baby should be one of the happiest times in a family’s life, but sometimes things do not go as planned. When a birth injury occurs, it can change everything in a moment. Families may face large medical expenses, years of treatment, and emotional struggles that can feel overwhelming.
Tony Caggiano Personal Injury Lawyer helps you during these difficult times by offering the guidance and support you need. As an Orlando birth injury lawyer, we understand the challenges families affected by these injuries face and work to protect their rights.
With experience handling medical malpractice cases, our team can review the facts, assess whether medical negligence was involved, and help you seek fair compensation. We believe every family deserves strong representation and the chance to secure justice for their child’s injuries.
Understanding Birth Injuries in Orlando
A birth injury happens when a baby suffers harm before, during, or right after delivery. Some injuries are minor and heal quickly, while others can cause lifelong conditions like cerebral palsy or brain injury. Families affected by these situations often face high medical expenses, the need for ongoing care, and lasting emotional challenges.
An Orlando birth injury lawyer can explain how these injuries occur and what steps families can take. Many cases are linked to medical negligence by health care providers, such as failing to monitor vital signs or using delivery tools improperly.
When a child’s injury happens because medical malpractice occurs, families may have the right to seek fair compensation through a birth injury claim. Understanding these injuries is the first step toward protecting your child’s future and ensuring your family deserves justice.
Common Causes of Birth Injuries
- Oxygen deprivation: When a baby does not receive enough oxygen during delivery, it can lead to brain damage or lifelong conditions such as cerebral palsy.
- Fetal distress: Failure to monitor vital signs may result in missed warnings of complications.
- Improper use of delivery tools: The misuse of delivery tools, such as forceps or vacuums, can cause brachial plexus injuries or nerve damage.
- Prolonged labor: Extended labor increases the risks of birth trauma and other serious injuries.
- Inadequate monitoring: Poor oversight of maternal health conditions or the baby’s well-being can cause avoidable harm.
Types of Birth Injuries
- Cerebral palsy: Caused by oxygen deprivation or brain damage, often requiring lifelong therapy and care.
- Erb’s palsy: A condition resulting from excessive force or stretching of the baby’s arm nerves.
- Brachial plexus injuries: Damage to the shoulder nerves that may cause lasting mobility problems.
- Severe brain injury: A child’s injury that may result from improper use of medical tools or lack of proper medical care.
- Developmental delays: Long-term issues caused by medical negligence or delivery errors.
Legal Rights for Families After a Birth Injury
Families have the right to pursue a birth injury claim when medical negligence caused their child’s harm. These rights allow you to seek fair compensation for medical expenses, rehabilitation costs, and the emotional distress experienced.
An experienced birth injury lawyer can explain your legal options, investigate what went wrong, and help your family get the justice they deserve.
Florida Laws That Affect Birth Injury Claims
Florida has specific rules that apply to birth injury claims, and understanding these rules is crucial to protecting your rights.
Here are some important laws that may impact your case:
Florida Statute of Limitations
- Governed by Florida Statutes Chapter 766 for medical malpractice claims.
- Families generally have two years from discovering the child’s birth injury to file a lawsuit.
- There are exceptions that may apply.
Florida’s Birth-Related Neurological Injury Compensation Association (NICA)
This program may provide benefits for children who have suffered certain birth injury results, such as severe cerebral palsy or brain injury due to oxygen deprivation.
Who Can Be Held Liable?
- Medical professionals: Doctors, nurses, or others who failed to give proper medical care.
- Healthcare providers: Hospitals or clinics responsible for ensuring safe delivery.
- Medical provider: Any negligent party who directly caused the child’s injury.
Compensation Available in Orlando Birth Injury Cases
Compensation can help cover the overwhelming financial burden a birth injury creates. Families may recover both economic damages and non-economic damages, as well as money for the child’s future needs.
Economic Damages
- Medical expenses (past and future)
- Therapy costs, like physical therapy or rehabilitation costs
- Lost wages if parents must stop working to provide care
Non-Economic Damages
- Pain and suffering for the child and family
- Emotional burden and emotional distress experienced
- Loss of quality of life for the child
Future Financial Needs
Compensation can also cover lifelong care, specialized equipment, and ongoing child care if the injury requires permanent support.
How an Orlando Birth Injury Lawyer Can Help
A skilled Orlando birth injury lawyer provides guidance and representation at every stage of your case. By investigating, building evidence, and pursuing fair results, your lawyer helps your family deserve the justice and compensation needed for your child’s well-being.
Investigating Medical Negligence
An experienced Orlando birth injury attorney will gather medical records, review them, and consult medical experts to determine if medical malpractice occurs. They may also interview medical professionals and examine whether the hospital followed standard procedures. By carefully checking every detail, the lawyer can find where medical negligence caused the harm to your child.
Building a Strong Case for Compensation
A case will be prepared using evidence, witness testimony, and expert input to prove how medical negligence led to your child’s harm. The lawyer may use medical equipment reports or hospital notes to strengthen the claim. Every fact is important because it helps show the true impact of the child’s birth injury on the family.
Negotiating or Litigating for Fair Settlements
Whether through negotiation or trial, your lawyer will fight for fair compensation and a successful outcome for your family. If the insurance company offers less than you deserve, an Orlando birth injury attorney can push for better terms. In some cases, going to court is necessary to ensure your family deserves justice and maximum compensation.
Why Choose Our Orlando Birth Injury Lawyers
Choosing the right lawyer can make a major difference in the outcome of your case. Our birth injury attorneys have years of experience and a commitment to helping families affected by these cases.
Experience with Florida Birth Injury Cases
Our skilled birth injury attorneys have handled numerous medical malpractice cases across Florida, providing us with a strong understanding of the laws and courts in the state.
We understand how medical negligence and errors by healthcare providers can lead to serious harm. With a proven track record, we know what it takes to build strong cases and guide families affected toward a successful outcome.
Personalized Legal Strategies for Families
Every child’s injury is unique, which is why we develop personalized legal strategies tailored to each family we assist.
We take time to understand your child’s medical needs, your financial burden, and the emotional stress you face. By doing this, we ensure that our legal options focus on protecting your child’s future and helping your family achieve fair results.
Commitment to Justice and Maximum Recovery
We are fully committed to fighting for maximum compensation for your family’s losses. This means pushing for coverage of rehabilitation costs, ongoing care, and support for the emotional distress experienced.
Our goal is always to achieve justice, ease the financial burden, and secure the resources your child will need for long-term well-being.
Frequently Asked Questions About Birth Injury Cases in Florida
What is a birth injury?
A birth injury is harm a baby suffers during delivery, often caused by medical errors, birth trauma, or medical negligence.
Who can I sue in a birth injury lawsuit?
You can sue the negligent party, such as doctors, nurses, hospitals, or other medical professionals responsible for the child’s birth injury.
Why should I hire an Orlando birth injury attorney?
An Orlando birth injury attorney provides legal expertise, investigates what happened, and helps you obtain compensation while reducing your emotional burden.
Can birth injuries happen because of delivery complications?
Yes, delivery complications like prolonged labor or improper use of delivery tools can lead to injuries. Careful monitoring and proper action from medical professionals are critical in these situations.
How can gestational diabetes affect birth injuries?
When a mother has gestational diabetes and it is not properly managed, it can increase the risk of delivery complications and serious harm to the baby. Medical errors in monitoring this condition can make matters worse.
Contact Our Orlando Birth Injury Lawyer for a Free Consultation
If your child suffered a birth injury, you do not have to face the legal process alone. Tony Caggiano Personal Injury Lawyer is here to support you and your family. We know that the financial burden of medical expenses, therapy costs, and ongoing care can be overwhelming.
Our dedicated birth injury attorneys will fight for your rights, investigate whether medical negligence caused the harm, and work to hold the negligent party accountable. We will review your case, gather evidence, and consult medical experts to build the strongest possible claim.
Contact us today for a free consultation, and let us help you seek the justice and maximum compensation your family deserves for your child’s injuries.