Table of Contents
Table of Contents
Birth injuries can leave families searching for answers during what should have been one of the happiest moments of their lives. When doctors, nurses, or other medical providers fail to properly monitor a pregnancy, respond to signs of fetal distress, or provide appropriate care during labor and delivery, the consequences can be devastating. If your child was harmed by preventable medical negligence, an Orlando birth injury lawyer at our firm can help you understand your options and pursue compensation for your family’s losses.
For 50 years, Freidin Brown, P.A., has represented families affected by serious medical malpractice. We understand how overwhelming it can be to care for an injured child while also trying to determine what went wrong. Our Orlando medical malpractice lawyers can review your case, explain the legal process, and help hold negligent healthcare providers accountable. Fill out our form or call today for a free, confidential case evaluation.
Common Types of Birth Injuries Caused by Medical Negligence
Few things are more frightening for parents than learning their child suffered an injury during birth. In some cases, families are told that complications simply happen. In others, they are left wondering whether warning signs were missed or whether different medical decisions could have prevented the harm. While not every birth injury is the result of negligence, medical mistakes during pregnancy, labor, and delivery can have life-changing consequences for both children and their families.
Some of the birth injuries most commonly associated with medical negligence include:
- Hypoxic-ischemic encephalopathy (HIE): HIE is a serious brain injury caused by a lack of oxygen before, during, or shortly after birth. It’s often associated with delayed intervention, failure to respond to fetal distress, or delays in performing a necessary C-section.
- Cerebral palsy: In some cases, cerebral palsy is linked to oxygen deprivation or other preventable complications during labor and delivery. Children with cerebral palsy may experience lifelong challenges affecting movement, coordination, and development.
- Brachial plexus injuries and Erb’s palsy: These injuries can occur when excessive force is used during delivery, particularly in cases involving shoulder dystocia. Damage to the nerves controlling the arm and shoulder may result in weakness, loss of movement, or permanent impairment.
- Head and brain injuries: Improper use of forceps, vacuum extractors, or other delivery techniques can cause trauma to a baby’s head and brain, potentially leading to developmental and neurological complications.
- Retinopathy of prematurity (ROP): Premature infants are especially vulnerable to certain complications, including ROP, which can affect vision and, in severe cases, lead to permanent vision loss.
Not all birth injuries are obvious right away. Some are only recognized when a child misses developmental milestones, shows delays, or needs additional testing months or years later.
A careful legal and medical review by an Orlando birth injury attorney can help determine whether the injury was unavoidable or whether a preventable medical error may have played a role.
What Can a Freidin Brown, P.A., Birth Injury Attorney Do for My Case in Orlando?
A serious birth injury can leave families with more questions than answers. You may be wondering whether your child’s injury could have been prevented, what happened during labor and delivery, and whether a healthcare provider’s actions contributed to the outcome. Our Orlando birth injury lawyers help families find those answers and pursue accountability when medical negligence causes harm.
Investigate What Happened During Your Child’s Birth or Post-Labor Care
One of the most important steps in any birth injury case is understanding exactly how the injury occurred. In many situations, families are told that complications were unavoidable, only to later discover that warning signs were missed, treatment was delayed, or mistakes were made during labor and delivery.
Our team conducts a thorough review of the medical care provided before, during, and after birth. We work with qualified medical experts to analyze records, evaluate the decisions made by healthcare providers, and determine whether the accepted standard of care was violated. By uncovering the facts, we can identify who may be responsible and begin building a claim on your family’s behalf.
Take on Hospitals, Healthcare Providers, and Their Insurers
Birth injury claims are often fiercely contested. Hospitals, physicians, and their insurance companies may have substantial resources available to defend against allegations of negligence. In many cases, they will argue that the injury was unavoidable or that the medical care provided met the appropriate standard.
Families facing these circumstances deserve a law firm with the experience, resources, and commitment to stand up to powerful healthcare institutions. For five decades, Freidin Brown, P.A. has represented victims of medical negligence throughout Florida. Every medical malpractice case handled by our firm is overseen by Philip Freidin and staffed by at least two attorneys, ensuring each case receives the attention it deserves.
Our team has a long history of handling complex medical malpractice claims against hospitals, physicians, and healthcare systems across the state. We understand the challenges these cases present, and we are prepared to devote the time, resources, and experience necessary to pursue accountability on behalf of injured children and their families.
Pursue Accountability Through Settlement or Trial
Families deserve answers when a preventable birth injury changes the course of their child’s life. They also deserve a law firm prepared to stand up to hospitals, healthcare providers, and insurance companies that may dispute responsibility.
While many birth injury cases are resolved through settlement negotiations, not every defendant is willing to accept accountability. Our attorneys prepare every case as though it may ultimately be decided by a jury. With trial attorneys Board Certified in Civil Trial Law by The Florida Bar, decades of courtroom experience, and more than $500 million recovered for injured clients, Freidin Brown, P.A. has the experience and resources necessary to pursue the best possible outcome for your family.
That experience has led to significant results for injured newborns and their families. Philip Freidin and co-counsel obtained a $38 million verdict for twin boys who were left blind after their doctor failed to properly screen and diagnose them for retinopathy of prematurity (ROP).
Our team also secured a $7.75 million settlement for a child who suffered permanent brain damage after labor and delivery nurses failed to alert the doctor to concerning fetal heart tracings and ensure a prompt delivery. In another case, a St. Petersburg jury returned a $4.625 million verdict against Pediatrix Medical Group of Florida after NICU neonatologists discharged a premature baby without arranging the follow-up eye care she needed, leaving her blind from ROP.
Whether through settlement negotiations or trial, our goal remains the same: helping families secure accountability and the resources they may need to move forward after a preventable birth injury.
Read our free guide about the most common things you should know about birth injuries.
Damages Available in an Orlando Birth Injury Case
A serious birth injury can affect nearly every aspect of a child’s future. In addition to the emotional toll on a family, the costs associated with medical care, therapy, and long-term support can be substantial.
If a birth injury was caused by medical negligence, compensation may be available for losses such as:
- Past and future medical expenses
- Hospitalizations, surgeries, and specialist care
- Physical, occupational, and speech therapy
- Prescription medications and medical equipment
- Home modifications and assistive technology
- Special education services and long-term support
- Lost income related to caring for an injured child
- Pain and suffering
- Loss of quality of life
Because many birth injuries have lifelong consequences, it is important to understand not only the expenses your family faces today, but also the care and support your child may need in the future. At Freidin Brown, P.A., we work to evaluate the full impact of a birth injury so we can pursue compensation that reflects both immediate and long-term needs.
Call Our Birth Injury Team Today for Help
If you believe your child’s injuries may have been caused by medical negligence, Freidin Brown, P.A., can help you understand your legal options and pursue accountability from the responsible parties.
Our Orlando birth injury lawyers are available to meet with you by phone or via Zoom. You can also visit us at our Miami office or Fort Myers office if that is convenient for you. We are ready to help you now. Call (888) 677-7764 or contact us online for a free, confidential consultation.
Frequently Asked Questions
How Do I Know if I Have a Birth Injury Case?
Not every birth complication or unexpected outcome is the result of medical malpractice. To pursue a successful birth injury claim, it must be shown that a healthcare provider failed to provide care that met the accepted standard of care and that this failure caused harm.
Our attorneys evaluate four key elements when reviewing a potential claim:
- Whether a provider-patient relationship existed
- Whether the healthcare provider breached the applicable standard of care
- Whether that breach caused or contributed to the child’s injuries
- Whether the child and family suffered damages as a result
Determining whether these elements exist often requires a careful review of medical records and consultation with qualified medical experts. If you have concerns about the care provided during pregnancy, labor, or delivery, our team can evaluate the circumstances and discuss your legal options.
Can a Hospital Be Responsible for My Child’s Birth Injury?
Labor and delivery involve an entire team of healthcare professionals, and mistakes can happen at several different points along the way. Determining who may be legally responsible often requires a careful review of the relationships among the providers involved and the roles each played in the care provided.
Responsibility may rest with a physician, nurse, hospital, anesthesiologist, maternal-fetal medicine specialist, or multiple healthcare providers working together. Hospitals can also be held accountable in certain situations, particularly when systemic problems, inadequate staffing, poor communication, or the actions of hospital employees contribute to a child’s injuries.
One of the most important parts of a birth injury case is determining exactly what happened and who was responsible. At Freidin Brown, P.A., we work with qualified medical experts to review the care provided and identify all potentially liable parties.
How Long Do I Have to File a Birth Injury Lawsuit?
Birth injury claims are subject to legal deadlines, but the amount of time available to pursue a claim can vary depending on the specific facts of the case. In addition, Florida medical malpractice claims involve procedural requirements that must be satisfied before a lawsuit can be filed.
Because birth injuries are not always immediately diagnosed, questions regarding deadlines can be especially complicated. Waiting too long can affect your ability to pursue a claim and may make it more difficult to obtain important evidence and records.
If you believe your child’s injuries may have been caused by medical negligence, it is best to speak with an attorney as soon as possible. An experienced birth injury lawyer can evaluate your circumstances, explain any applicable deadlines, and help ensure that important legal requirements are addressed in a timely manner.