An Informational Guide on Birth Injuries

November 16, 2015 | Attorney, Matthew Dolman
An Informational Guide on Birth Injuries As a new or expecting parent, the last thing you want to think about is the possibility that your child could be injured by a doctor or other healthcare provider's negligence. However, this is a very real possibility. According to commonly cited statistics, birth injuries affect 28,000 newborns in the United States every year. In many cases, birth injuries are caused by a doctor or other healthcare provider's negligence. Sometimes, an injury results from the mishandling of a newborn at birth. In other cases, an injury is a result of a healthcare provider's failure to diagnose or adequately treat a problem discovered before birth, resulting in injury or illness to the mother or the newborn. In any case where a birth injury can be linked to a healthcare professional's negligence, the infant's parents may file a birth injury claim to seek monetary compensation for their losses as a result of the negligence. If your child has suffered from a birth injury, even if you did not discover his or her injury until months or even years following his or her birth, you could potentially be entitled to monetary compensation through a birth injury claim. Contact an experienced birth injury attorney to discuss this possibility and how you can proceed with your claim.

Examples of Birth Injuries

An infant can suffer a wide variety of injuries caused by a doctor or other healthcare provider's negligence before, during, or immediately after his or her birth. Some examples of these injuries include:
  • Erb's palsy;[1]
  • Cerebral palsy;
  • Broken bones;
  • Lacerations;
  • Bruising;
  • Cephalhematoma;
  • Paralysis;
  • Brachial palsy.
Some of these injuries, such as bruising on an infant's face and body, can be resolved in a relatively quick, painless timeframe. Others, like cerebral palsy and paralysis, can cause a child to suffer from significant disabilities for the rest of his or her life.

Statute of Limitations for Birth Injuries

Any type of personal injury claim is bound to a statute of limitations[2]. This is the length of time that the victim or the victim's loved ones have to file a claim against the allegedly negligent party to receive monetary compensation for their losses caused by the accident. When an adult is an injury victim, the statute of limitations for his or her claim is generally only a few years. But when a child is a victim or another party's negligence, the statute of limitations can be much longer. Birth injuries are sometimes not apparent until a child reaches the toddler stage or beyond. Taking this into consideration, the statute of limitations for birth injuries in Florida is two years from the date that the injury occurred or two years from the date by which it should reasonably have been discovered. Any birth injury claim must be filed within four years of the injury's occurrence. When an infant dies because of a physician or other healthcare provider's negligence, the infant's parents must file a wrongful death claim within two years of the child's passing.

If your Child Suffered a Birth Injury

A birth injury can often be the result of the use of forceps or a vacuum extractor during delivery or an incorrect dosage of drugs to a pregnant woman. If your child suffered a birth injury and you want to file a claim to seek compensation for your losses, you will need to prove that your child's injury was a result of professional negligence. Your medical record, your child's medical record, observations from professionals such as a pediatrician or a child behaviorist, and eyewitness accounts of the birth can all be critical pieces of evidence for your claim. When you work with an attorney, he or she can determine which pieces of evidence are necessary to support your claim and help you obtain and use them effectively.

St. Petersburg Birth Injury Attorneys

Birth injuries can affect any family and when they do, parents can find themselves facing significant medical expenses and other bills related to their child's injury. If you are a parent whose child has suffered from a birth injury, you could have grounds for a birth injury claim. Contact the Dolman Law Group Accident Injury Lawyers, PA to schedule your initial legal consultation with our firm and determine if you have grounds for a claim. We can provide you with the compassionate legal guidance and representation you need as you pursue your child's birth injury claim.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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