Fort Lauderdale Birth Injury Lawyer

The birth of a child is supposed to be a happy and joyous time for a family. However, if the baby gets injured during labor, the joy can quickly turn into stress and trauma. After months of planning and expectations for the baby to arrive, a birth injury can be crushing.  When a birth injury occurs due to medical negligence committed by the hospital, doctor, nurse, or other healthcare providers, you have the legal right to pursue compensation for the harm caused. Contact Englander Peebles to discuss your legal options. 

Common Causes of Birth Injuries

A birth injury refers to any harm that occurs to a newborn during the process of labor and delivery. There are various causes of birth injuries, including failure to monitor fetal distress,  excessive force during delivery, misuse of medical equipment, and inadequate prenatal care.  A newborn child is vulnerable to physical damage, and any deviation from the standard of medical care during labor and delivery can result in serious injuries. Healthcare providers need to follow proper procedures and protocols throughout the labor and delivery process to ensure the safety and well-being of both the mother and the baby.

Understanding the Legal Framework in Fort Lauderdale

Cases that involve birth injuries generally fall under medical malpractice law. The legal process for medical malpractice in Fort Lauderdale is often complex and requires detailed evidence to prove negligence. To establish liability, you need to prove that the healthcare provider owed a duty of care and breached this duty, resulting in harm to the baby.  For example, if a doctor fails to perform a c-section in a timely manner, it can be considered a breach of duty. Any action or inaction by the healthcare provider that deviates from the accepted healthcare standards can be considered medical malpractice.  In Florida, a birth injury claim must be filed within two years from the date of the incident or when the injury is discovered. However, Florida law extends the statute to the child’s eighth birthday for birth injuries that went undiscovered. 

Legal Process: Steps Involved In Filing A Birth Injury Claim

There are some critical steps you need to take before the actual legal proceedings are initiated. In the immediate aftermath of the birth injury, your priority should be to ensure the child’s health and safety. Document all medical details related to the birth injury, including how it happened, labor and delivery notes, prenatal care documents, and anything else that can help you establish liability.  To initiate legal action, consult a birth injury attorney who will conduct an initial review of medical records to determine if the case has legal grounds. If you want to proceed to a lawsuit, your attorney will serve the healthcare provider with a notice of intent to file a claim before initiating a lawsuit. Florida law has strong pre-suit requirements, including a verified written medical expert opinion.  The healthcare provider has a set period to respond to your claim and may choose to enter into negotiations. However, if the healthcare provider does not settle or reject the claim, your attorney can file a formal complaint in court to take the case to trial.  Many birth injury cases are settled out of court, but if a fair settlement is not reached, taking the case to trial could be the only option to get justice. At the trial, both parties present their evidence and arguments to a judge or jury, who will deliberate on the matter and render a verdict. 

Why Choose Englander Peebles: Attributes that Make Us a Reliable Choice For Birth Injury Cases

At Englander Peebles, we are proud to have helped victims of medical malpractice get justice by holding those at fault accountable for their actions and securing maximum compensation for the injured. Our Fort Lauderdale birth injury law firm takes a personalized approach to each case, ensuring our legal strategy aligns with the specific requirements of the case.  Our birth injury attorneys in Fort Lauderdale can tap into their network and resources for birth injury cases, such as medical experts who can provide their valuable testimony to help strengthen the case. To learn more about how we can help you in your birth injury case, contact us and schedule a consultation with a personal injury lawyer. Seek our help as soon as possible so we can have maximum impact on the outcome of your birth injury case.