Indian River County Birth Injury Lawyer

When a baby sustains an injury at birth, it can turn what should be a joyous day into something heartbreaking, especially when the injury is a result of physician negligence. No parent ever wants to imagine this, but if it’s happened to you, we are here to pursue justice on your behalf. Contact a knowledgeable and compassionate Indian River County birth injury lawyer from Ullian Trial Law for a free consultation today.

Common Types of Birth Injuries

Birth injuries occur when something goes wrong during labor, delivery, or immediate postnatal care. Some injuries are unavoidable, but others result from errors or negligence by healthcare providers. The following are among the most common birth injuries that form the basis for medical malpractice claims:

• Cerebral Palsy: Often caused by oxygen deprivation during labor or delivery, which may result from prolonged labor, improper use of forceps, failure to monitor fetal distress, or delayed C-section decisions.
• Brachial Plexus Injuries (Erb’s Palsy): Nerve damage in the shoulder and arm that can occur when excessive force is used during delivery, especially in cases of shoulder dystocia.
• Hypoxic-Ischemic Encephalopathy (HIE): A type of brain injury caused by a lack of blood flow or oxygen to the brain during birth, often linked to failure to respond to fetal distress or delayed delivery.
• Fractures: Particularly fractures of the clavicle or collarbone, sometimes caused by improper delivery techniques or failure to anticipate complications with large infants.
• Facial Nerve Damage: May result from the improper use of forceps or vacuum extraction tools, leading to partial or complete facial paralysis.
• Intracranial Hemorrhage: Bleeding inside the skull, often connected to traumatic deliveries, misuse of delivery instruments, or failure to monitor high-risk situations.
• Spinal Cord Injuries: Though rare, these injuries can occur due to improper handling or excessive pulling during a difficult delivery.

Each of these injuries can have multiple potential causes, but when the injury stems from a preventable medical error, it may be grounds for legal action.

The Impacts of Birth Injuries

The effects of a birth injury can extend far beyond the delivery room. Some conditions are immediately apparent, while others may take months or even years to reveal their full impact. For example, a baby with mild oxygen deprivation at birth might initially appear healthy, but later display developmental delays, learning disabilities, or motor skill impairments.

Early childhood is often when parents notice muscle weakness, difficulty sitting or walking, problems with speech, or unusual developmental milestones. These challenges can require physical therapy, occupational therapy, or special education services. In severe cases, lifelong medical care, assistive devices, and home modifications may be necessary.

As the child grows, birth injuries can influence academic performance, social development, and independence. A young child with cerebral palsy, for example, may struggle with basic self-care tasks, while an adolescent with a brachial plexus injury might face limitations in sports or job opportunities. These impacts often carry emotional weight for the entire family, as parents adjust expectations, siblings adapt to new family dynamics, and financial resources are stretched.

In adulthood, individuals with severe birth injuries may face reduced earning capacity, ongoing healthcare costs, and a need for personal care assistance. These long-term consequences highlight why obtaining appropriate compensation through a legal claim can be critical, not only to cover medical expenses but also to secure resources for education, therapy, and future care.

Filing a Medical Malpractice Claim

Not every birth injury results from negligence, but when it does, Florida law allows families to hold responsible parties accountable. A medical malpractice claim is a legal action alleging that a healthcare provider failed to meet the accepted standard of care, and that failure directly caused the injury. To prove medical malpractice in a birth injury case, the following elements must generally be established:

• Duty of Care: The healthcare provider owed a duty to the patient, meaning they were responsible for delivering care consistent with professional medical standards.
• Breach of Duty: The provider acted (or failed to act) in a way that fell below those standards. Examples include failing to monitor fetal heart rate, delaying a necessary C-section, or improperly using delivery instruments.
• Causation: The breach of duty must be shown to have directly caused the injury.
• Damages: The injury must have resulted in measurable harm, which can include medical expenses, pain and suffering, and loss of future earning potential.

Contact a Compassionate Florida Birth Injury Lawyer

Here at Ullian Trial Law, we understand that a birth injury is an unexpected and often devastating blow for new mothers and fathers, particularly when it’s a result of medical malpractice or negligence. That’s why we’re here to help you fight for the compensation and justice you and your family deserve. Contact a dedicated Indian River County birth injury lawyer from Ullian Trial Law for a free initial consultation today.