The moment a child suffers harm during birth, parents confront shock, anger, urgent medical needs, and questions about what went wrong. You deserve clear information about injuries that can last a lifetime and the legal steps that can secure care, therapy, and accountability. This post explains common birth injuries, how they sometimes result from medical mistakes, and what it takes to pursue a claim in Orlando, FL. If you need local counsel, consider speaking with an Orlando birth injury lawyer from Freidin Brown.
Common Birth Injuries And How They Occur
Understanding specific injuries helps parents spot red flags and ask the right questions of providers and attorneys. Some injuries appear immediately, while others show up as developmental delays later. Medical staff must watch labor closely, act on warning signs, and use delivery tools correctly. When they fail to do so, preventable harm can follow.
- Brachial plexus injuries (Erb’s palsy): Excessive pulling during shoulder dystocia or improper use of forceps or vacuum can stretch or tear nerves in the shoulder and arm, producing weakness or paralysis.
- Hypoxic-ischemic encephalopathy (HIE): Severe oxygen loss before, during, or after delivery can injure the newborn brain and cause seizures, developmental delay, or cerebral palsy. Delay in performing an emergency cesarean or ignoring abnormal fetal heart tracings often plays a role.
- Skull or intracranial injuries: Incorrect forceps or vacuum extraction technique can cause bleeding inside the skull or skull fractures.
- Fractures and nerve compression: Rough handling, improper extraction, or failure to identify a large baby can lead to broken bones or trapped nerves.
- Cerebral palsy from perinatal events: Brain injury from prolonged oxygen deprivation or infection during labor can result in lifelong motor and cognitive impairments.
Steps To File A Birth Injury Lawsuit
Filing a medical malpractice case follows an ordered process; timely action matters. Each step builds evidence and sets the stage for settlement or trial. A knowledgeable Orlando birth injury lawyer will guide families through this sequence and coordinate medical experts and records requests. Below are the typical steps you will encounter.
- Gather medical records and build a timeline of prenatal care, labor, delivery, and newborn treatment.
- Meet with an experienced attorney who will evaluate liability and potential damages.
- Complete the pre-suit investigation and serve a Notice of Intent when required; Florida law imposes a mandatory presuit period for medical negligence claims.
- Provide the corroborating expert opinion that supports reasonable grounds to sue.
- Proceed with filing the complaint if settlement does not resolve the claim.
- Exchange evidence during discovery, retain medical experts, and prepare for negotiation or trial.
- Seek compensation for medical care, assistive devices, therapy, future care needs, and pain and suffering.
Florida Statute of Limitations For Medical Malpractice
Deadlines control whether a claim remains legally viable, so you must act before the clock runs out. Florida generally requires plaintiffs to file medical malpractice suits within two years from the date they knew or should have known of the injury, but the law also sets hard limits and exceptions. The statute typically bars suits filed more than four years after the original incident, though the law preserves claims for minors filed by their eighth birthday.
Fraudulent concealment may further extend certain deadlines. For exact timelines in your situation, review Florida Statute §95.11 and consult local counsel promptly.
How An Orlando Birth Injury Lawyer Helps Families
An attorney does more than file paperwork; they protect evidence and press for care and compensation. A local lawyer will move quickly to preserve electronic fetal monitoring strips, secure delivery room notes, and interview witnesses while memories remain fresh. They will also:
- Retain independent medical experts to explain complex care failures.
- Coordinate subpoenas and medical-record hunts so nothing critical disappears.
- Manage presuit requirements, deadlines, and settlement negotiations tailored to Orlando, FL, families.
These actions increase the chance of fair recovery and reduce the burden on parents who already handle heavy medical and caregiving responsibilities.
Get A Free Case Review Today
If your child suffered a birth injury in Orlando, FL, act now to protect your right to compensation and secure services your child will need for years. A brief consultation with an experienced birth injury attorney can confirm whether care fell below accepted medical standards and whether filing a claim makes sense. Collect records, write a short timeline of events, and contact a lawyer who handles obstetric malpractice so the pursuit clock and statute of limitations do not close your window for recovery.
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