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Do You Have A Medical Malpractice Case Due to a Birth Injury?


When a child is born, it should be a time of joy for a growing family. But, there are times when there is healthcare provider negligence, leading to pain, suffering, and birth injuries. Negligence that results in birth injuries can happen during pregnancy, labor, or delivery. For a successful birth outcome, everyone on the healthcare team needs to be trained appropriately and attentive each step of the way.

There are time constraints when filing a medical malpractice claim or lawsuit in Florida related to a birth injury. For most cases, victims must move forward with a claim or lawsuit within two years from the date of the injury. But, there are examples of the timeline being extended, such as cases that fall under Tony’s Law enacted in 1996. Talk to a knowledgeable Florida personal injury attorney today, time does matter in medical malpractice cases.

There Are Different Reasons for Medical Claims

The term birth injury encompasses many different types of injuries. There are times when a baby did not receive enough oxygen during labor. In other circumstances, a pregnant woman’s health issues were not attended to during a pregnancy.

The following are some examples of birth injuries:

  • Harm to birth mothers. Babies are at risk during delivery but so are mothers. If a mother has a blood pressure issue, and it is not monitored properly throughout the birthing process, there can be seizures and injuries.
  • Infant brain injuries. Complications during delivery need to be addressed immediately. If they are not, there can be lack of oxygen resulting in brain injuries.
  • Broken bones. Force should not be applied in a manner that is too intense. When there is too much force, fractured arms and collarbones can result. Fractured skulls are also a possibility if forceps are not used correctly.
  • Nerve damage. Damage to nerves can happen during delivery, including neck and shoulder injuries due to the use of vacuum extractors.

An Experienced Florida Birth Injury Attorney Can Help

If you or someone you love has sustained birth injuries, monetary compensation may be possible. A knowledgeable attorney can assess your case and determine who was negligent, it could be a delivery room physician or another healthcare provider. Once liability is determined, a Florida personal injury attorney can represent your interests through a claim or lawsuit.

There are also times when there was prenatal care negligence. It is the responsibility of a healthcare team to assess health issues and any unusual symptoms when they first appear. A healthy pregnancy is needed prior to a healthy birth.

Has someone in your family been coping with a birth injury? Medical care can be extremely expensive with lifelong treatments needed. Talk to an experienced personal injury lawyer to understand your rights. The attorneys at Roman & Roman have over 100 years of combined experience. Schedule your free consultation today; we serve clients in Clearwater, Hudson, or Tampa.


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Clearwater Office

Clearwater Office

fax: 727-736-3234
2274 FL-580
Clearwater, FL 33763
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Hernando: 352-796-2151
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Tampa, FL 33615
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