9 Facts You Didn’t Know About Birth Injuries

The months awaiting the arrival of a new baby are often full of excitement, anticipation, and joy. Expectant parents may spend their days eagerly researching baby names, diaper service options, and child care; these are the days of gender-reveal parties, baby showers, and preparing the nursery for a tiny new family member.

Rarely does the subject of birth injuries arise until it is too late. As medical malpractice lawyers, we believe expectant parents must stay informed about this serious subject.

As birth injury lawyers, the team at MattLaw knows how surprising—and devastating—a birth injury can be. If you believe your child was injured during birth through medical negligence or medical malpractice, call our team at (813) 222-222 today for a free case evaluation.

Meet MattLaw: Florida Birth Injury Attorneys

Fact #1: Birth injuries are different from birth defects.

A birth injury occurs during the birthing process, while a birth defect arises from issues during pregnancy. Birth defects include things like cleft lip, down syndrome, fetal alcohol spectrum disorder, and genetic disorders; birth injuries include conditions like cerebral palsy, bone fractures, cephalohematoma (bleeding between the skull), brachial palsy, and facial paralysis.

Unlike birth defects, which may be due to genetic or environmental factors, birth injuries are often preventable and may be linked to medical negligence. If you believe your child has suffered a birth injury, call MattLaw immediately: (813) 222-2222.

Read More: Birth Injuries in Newborns: What You Need To Know

Fact #2: Birth injuries are surprisingly common.

According to the Cerebral Palsy Guide, roughly 7 in 1,000 children will experience an injury during their birth. Some of the most common birth injuries include cerebral palsy, shoulder dystocia, Erb’s palsy, fractures, and brain injuries. These injuries often result from improper use of delivery tools, delays in performing C-sections, or failure to monitor fetal distress.

Common symptoms include an abnormal appearance, developmental delays, breathing or feeding difficulty, difficulty breathing, excessive crying, and/or movement limitations. Some symptoms begin to present several years into the child’s life. 

Florida allows people to file birth injury lawsuits up to 2 years from the date of birth, with some exceptions made up to the child’s 8th birthday (an exception known as Tony’s Law). If you believe you have a birth injury case, call MattLaw today to discuss your claim: (813) 222-2222.

Read More: Common Questions for a Florida Cerebral Palsy Lawyer

Fact #3: Timing matters in filing a claim.

The Florida statute of limitations offers just two (2) years from the child’s date of birth for filing a birth injury claim. In cases where a medical provider resorted to “fraud, concealment, or intentional misrepresentation” to prevent the discovery of the injury, the plaintiff has until the child’s 8th birthday to file a birth injury lawsuit against the responsible party. 

In either case, it is essential to act quickly if you believe your child has been injured as a result of medical negligence or medical malpractice. Be aware that filing an insurance claim is NOT the same thing as filing a lawsuit. Call MattLaw today for a free case review: (813) 222-2222.

Fact #4:  Medical malpractice lawsuits require medical evidence.

Regardless of the type of birth injury, medical records are a critical component of any birth injury claim. All medical care is documented by labor and delivery nurses, as well as other medical professionals; these medical records often reveal medical errors; an experienced birth injury lawyer will use these documents to make an argument for financial compensation.

If you or your child’s quality of life has been affected by a birth injury, you may be able to seek compensation. Any paper trail—insurance company documents to prenatal care, labor, and delivery records can help establish whether the standard of care was met and if any deviations led to the injury. Most birth injury law firms will rely on medical documentation, as well as medical experts, to determine if you have a case.

If you believe you or a loved one has been the victim of medical negligence, call MattLaw today for a free consultation: (813) 222-2222.

Fact #5: Emotional distress can be compensated.

In addition to medical expenses, families may be entitled to compensation for emotional distress, pain and suffering, and loss of future earning capacity. The impact of a birth injury extends beyond physical harm, and the law recognizes this.

Fact #6: Some birth injury symptoms take months, or even years, to present.

Sometimes, a child’s birth injury is obvious immediately. Bruises from excessive force during delivery, abnormal vital signs from lack of oxygen, and nerve damage from a brachial plexus injury are just a few examples of symptoms that may present shortly after delivery.

Other injuries, such as developmental delays or cognitive impairments, may not be immediately evident. This is why it’s critical to monitor a child’s development closely and consult a specialist if any concerns arise. 

NOTE: While some birth injuries occur while the baby is traveling through the birth canal, some injuries can occur during cesarean sections as well as vaginal deliveries. If you believe your child has experienced a birth injury, call MattLaw immediately for a free case review: (813) 222-2222.

Fact #7: Most birth injury cases are settled out of court.

Many birth injury plaintiffs are surprised to learn that most birth injury cases are settled out of court. With the aid of an experienced birth injury lawyer, most cases resolve for a full, fair amount that not only compensates the plaintiff for their medical costs but also their emotional distress. Cases represented by attorneys generally resolve faster and for higher amounts than unrepresented cases.

Some birth injury cases will go to trial if a fair settlement can’t be reached; understanding the legal process is essential for families navigating this difficult process. Contact MattLaw today if you believe you have a birth injury case: (813) 222-2222.

Fact #8. Legal fees only apply after you receive compensation. If you receive nothing, you pay nothing.

MattLaw works on a contingency fee arrangement, meaning we only get paid if and when we win your case. We understand that the medical costs of a birth injury can be enormous (to say nothing of the emotional distress during this time). Our contingency-free structure makes it easier for families to pursue justice for birth injuries without shouldering upfront legal costs.

What does it cost to bring a birth injury to a successful resolution? It is not uncommon to require the services of several medical experts to evaluate your case and testify on your behalf. Expert testimony may be required to prove liability (who is at fault). Additional medical testing may be required to prove the extent of your injuries.

MattLaw is proud to provide free legal consultations for all birth injury cases, as well as a payment structure that takes the financial stress out of the equation. Call us today to learn how we can help: (813) 222-2222.

Fact #9. Birth injury cases can lead to safer medical services.

While birth injury cases are focused on individual families, successful claims can lead to broader changes in hospital policies and medical practices, helping to prevent future injuries and improve patient safety. 

In cases where medical service providers systemically failed to provide an appropriate standard of care—or where they tried to cover their tracks through fraud, concealment, or misrepresentation—you may be awarded punitive damages. Punitive damages are intended to send a message to healthcare providers; they discourage medical negligence by providing a financial incentive that shifts the focus from corporate profit to patient care.

MattLaw is proud to be making medical services safer for everyone. If you believe you have been the victim of medical negligence, call us immediately for your free case consultation: (813) 222-2222.

Birth Injury? Call MattLaw First!

Birth injuries are a sensitive and often misunderstood area of medical malpractice law. These injuries can have long-lasting effects on the child and family, and understanding the legal landscape is crucial for those affected. Understanding the legal nuances can empower families to seek justice and compensation. 

If you believe your child has suffered a birth injury, consulting with a specialized attorney can provide the guidance you need to navigate this complex area of law. The Florida birth injury lawyers at MattLaw are here to help. Call us at (813) 222-2222 for your free case evaluation.