BIRTH INJURIES
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Common Birth Injuries Caused by Medical Negligence
Birth injuries can have lifelong consequences for both a child and their family. Many of these injuries occur when doctors, nurses, or delivery staff fail to follow proper standards of care during labor and delivery.
Cerebral Palsy
Caused by lack of oxygen to the brain during delivery. This condition leads to motor impairment, developmental delays, and sometimes intellectual disabilities.
Brachial Plexus Injuries (Erb’s Palsy, Klumpke’s Palsy)
Nerve damage in the shoulder/arm often occurs when doctors use excessive force during delivery or mishandle shoulder dystocia.
Shoulder Dystocia Injuries
If a baby’s shoulder gets stuck in the birth canal, doctors must act quickly and carefully. Improper maneuvers can cause fractures, nerve injuries, or brain damage.
Brain Bleeds or Skull Fractures
Misuse of forceps or vacuum extractors can cause serious trauma to a newborn’s head.
Facial Nerve Damage
Excessive pressure on the baby’s face during delivery can cause paralysis or disfigurement.
Fractures and Broken Bones
A rushed or forceful delivery can leave infants with broken collarbones or other fractures.
How Medical Negligence Causes Birth Injuries
While some birth complications are unavoidable, many injuries stem from preventable medical mistakes. Examples of negligence include:
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Failure to Monitor Fetal Distress: Ignoring abnormal heart rate patterns or oxygen levels can lead to brain damage or death
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Delayed C-Section: When a C-section is clearly necessary but delayed, the baby may suffer oxygen deprivation or trauma.
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Improper Use of Delivery Tools: Forceps and vacuum extractors must be used with caution; misuse can cause head trauma, nerve injuries, or bleeding in the brain
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Inadequate Prenatal Testing: Failing to test for infections, gestational diabetes, or high blood pressure risks the baby’s safety.
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Inadequate Prenatal Testing: Untreated infections during pregnancy or labor can pass to the baby, causing sepsis, pneumonia, or long-term neurological issues.
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Staff Miscommunication: Errors in charting, delayed responses, or breakdowns between doctors and nurses often contribute to preventable injuries.
The Lifelong Consequences of Birth Injuries
The impact of a birth injury goes far beyond the delivery room. Families may face:
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Medical Expenses — Hospitalizations, surgeries, medications, and ongoing care.
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Therapy and Rehabilitation — Physical therapy, occupational therapy, and speech therapy.
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Assistive Devices — Wheelchairs, braces, or specialized equipment.
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Loss of Independence — Children may never live independently due to disabilities.
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Emotional Trauma — Parents often struggle with guilt, anger, and depression.
In severe cases, birth injuries can shorten a child’s life expectancy or result in wrongful death.
Florida Law and Birth Injury Medical Malpractice
Florida Statute §766
This statute governs medical malpractice claims, including those involving birth injuries. To succeed, families must prove that healthcare providers failed to meet the accepted standard of care.
Statute of Limitations
Florida generally allows two years from the date the malpractice was discovered to file a claim. However, because children are involved, there may be extensions — making early legal consultation essential.
Compensation in Birth Injury Cases
Families may be entitled to damages for:
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Past and future medical bills
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Rehabilitation costs
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Lost earning potential of the child
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Pain and suffering
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Loss of companionship (in wrongful death cases)
Why Families Choose Loutos Law
At Loutos Law, we understand that no parent should have to navigate this journey alone. Families choose us because:
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We’re Local – Based in Stuart, we proudly serve families in Martin County and the Treasure Coast.
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We’re Experienced – We handle complex medical malpractice cases, including birth-related injuries.
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We’re Compassionate – We know the emotional toll of birth injuries and walk beside you every step of the way.
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We’re Aggressive – Hospitals and insurance companies fight hard - we fight harder to get families the compensation they deserve.
What to Do If You Suspect a Birth Injury
If your baby suffered an injury during pregnancy, labor, or delivery, take these steps
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Request Medical Records – Get copies of your labor and delivery records.
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Document Your Baby’s Symptoms – Track signs of weakness, seizures, or developmental delays.
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Seek Specialized Medical Care – Early intervention may help your child’s long-term prognosis.
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Call a Birth Injury Lawyer – 📞 772-617-0811 for a free consultation with Loutos Law.
Frequently Asked Questions
About Birth Injury Malpractice in Florida
