Bringing a child into the world should be a joyful and safe experience. However, when medical providers fail to follow accepted standards of care during pregnancy, labor, or delivery, the result can be a devastating birth injury. In Florida, parents have legal rights when a child is harmed due to medical negligence—and understanding those rights is the first step toward accountability and recovery.
At ECD Law, our Sarasota-based attorneys have over 100 years of combined experience helping families navigate complex medical malpractice claims involving infant brain injuries, cerebral palsy, and delivery room negligence.
What Are Birth Injuries?
A birth injury is physical harm to a newborn caused during labor or delivery. While not every birth complication is avoidable, injuries caused by improper care, failure to monitor, or delayed medical intervention may rise to the level of medical malpractice.
Common Birth Injuries That May Be Caused by Medical Negligence
1. Cerebral Palsy
Often caused by oxygen deprivation during labor, cerebral palsy is a neurological disorder that affects muscle control and movement. It may result from:
- Delayed C-section
- Misuse of forceps or vacuum extractors
- Failure to monitor fetal distress
2. Infant Brain Injuries (HIE)
Hypoxic-ischemic encephalopathy (HIE) occurs when the baby’s brain doesn’t receive enough oxygen. It can lead to permanent disability, developmental delays, or death.
3. Shoulder Dystocia and Brachial Plexus Injuries
If a baby’s shoulder becomes stuck during delivery and the provider responds improperly, it can damage the brachial plexus nerves—leading to weakness or paralysis in the arm (Erb’s palsy).
What Constitutes Medical Malpractice in a Birth Injury Case?
In Florida, a birth injury may be considered medical malpractice when:
- A healthcare provider (OB/GYN, nurse, or hospital staff) had a duty of care
- That duty was breached through a negligent act or omission
- The breach directly caused harm to the baby or mother
- The injury resulted in damages (medical bills, ongoing care, loss of normal life)
Who Can Be Held Liable for Birth Injuries in Florida?
Multiple parties may be responsible, including:
- OB/GYNs and delivery physicians
- Nurses and anesthesiologists
- Hospital staff or the hospital itself
- Midwives or birthing centers
In Sarasota, these cases often require deep investigation, review of medical records, and consultation with professionals who can testify to the proper standard of care.
What Compensation Can Families Recover?
Florida law allows families to pursue compensation for:
- Ongoing and future medical care
- Assistive technology and therapies
- Special education services
- Pain and suffering
- Emotional distress
- Lost earning capacity (for the child’s future)
- Parental loss of consortium
How Long Do You Have to File a Birth Injury Lawsuit in Florida?
Under Florida Statutes § 95.11(4)(b), most medical malpractice claims must be filed within two years from when the injury was discovered or should have been discovered—but no later than four years from the date of the injury.
For birth injuries, an extended deadline may apply until the child’s eighth birthday, but waiting is risky. Early legal intervention helps preserve evidence and strengthens your case.
Why Choose ECD Law for Your Sarasota Birth Injury Case
At Eastmoore Crauwels & DuBose, we understand the emotional and financial toll a birth injury can place on your family. Our Sarasota legal team has decades of experience holding negligent providers accountable and pursuing full compensation for families facing lifelong care needs.
Contact Us for a Free Case Review
If your child suffered a birth injury in Sarasota or nearby communities, speak with a medical malpractice attorney today. Call E. Keith DuBose or Warren Chin at ECD Law to discuss your legal options and schedule a free, no-obligation consultation.
