Tampa Birth Injury Lawyer

Birth Injury Lawyer in Tampa, Florida

If you or your child were injured during labor, contact a Tampa birth injury lawyer for a free consultation at (813) 471-4444.

The childbirth injury lawyers at Vanguard Attorneys are experienced and compassionate. Call today for guidance on how to protect your rights and seek justice for your injuries.

What is a Birth Injury?

A birth injury is an injury that occurs to an infant during the birth process, whether before, during, or immediately after delivery. It is usually caused by medical negligence or errors during pregnancy, labor, or delivery.

Some birth injuries like cerebral palsy can have lifelong impacts and require extensive medical care. Others may be temporary. Families may be able to pursue legal action if negligence caused the birth injury. This can help get compensation for medical costs and other damages.

Types of Birth Injury Cases We Handle:

• Cerebral palsy, hypoxic-ischemic encephalopathy (HIE), periventricular leukomalacia (PVL)
• Brachial plexus (Erb’s palsy and Klumpke’s palsy)
• Bone fractures
• Cephalohematoma – bleeding between the skull and skin
• Facial paralysis
• Caput succedaneum – swelling of the scalp
• Spinal cord injuries
• Hypoxia
• Infant stroke

What is Birth Malpractice?

Birth malpractice is a type of medical malpractice that occurs when a healthcare provider fails to provide a reasonable standard of care during labor/delivery and it results in the mother or child being injured. This includes errors like:

• Failure to monitor fetal distress
• Improper use of delivery tools
• Delayed emergency C-section
• Errors administering anesthesia
• Dropping or mishandling the baby

To prove medical malpractice, a birth malpractice lawyer must show evidence that the medical professionals failed to provide a reasonable standard of care and that their negligence caused the injury.

Our Tampa birth injury lawyers will thoroughly investigate what went wrong during the prenatal period, labor, and delivery.

We work with respected medical experts to determine if mistakes were made that jeopardized your baby’s health. If medical malpractice is suspected, we won’t hesitate to take legal action.

What is the Statute of Limitations for Birth Injuries

In Florida, the statute of limitations for filing a medical malpractice lawsuit, including birth injury cases, is 2 years from the date the injury was discovered or should have been discovered with the exercise of due diligence.

However, the statute of limitations is paused for minor plaintiffs in medical malpractice cases until they reach the age of 8 years old. Any personal injury lawsuit may be filed on behalf of a minor plaintiff up to their 8th birthday.

After a minor turns 8, they have the remainder of the statute of limitations to file. So if the injury was discovered when the minor was 3, they would have until age 8 to file. If it was discovered when they were 7, they have until age 9. (2 years from the date the injury was discovered.)

The statute of repose in Florida for medical malpractice cases is 4 years. This means that no claim can be filed more than 4 years after the date of the alleged malpractice, regardless of when the injury was discovered.

If the healthcare provider commits fraud or intentionally misrepresents facts to conceal birth injuries, parents have 7 years from the date of the harm to initiate litigation.

Discuss your case with a birth injury lawyer as soon as possible. The earlier you start the legal process, the more likely you are to have a positive outcome to your claim.

Call (813) 471-4444 for more information about the deadline to file your birth injury claim.

What Compensation is Available in Birth Injury Cases?

Birth trauma compensation is financial payment to families in cases where medical negligence during labor and delivery caused preventable injury to the infant. Compensation can cover:

• Current and future medical costs of the birth injury
• Rehabilitation and therapy
• Special education and equipment
• Loss of future earnings
• Pain and suffering

Families may be entitled to compensation if doctors or other medical professionals make errors that result in birth trauma.

Don’t leave your child’s future to chance. The first few years are crucial for recovery and therapy after a birth injury. Let our compassionate legal team help your family get the compensation you deserve.

Contact us today for a free consultation with a birth injury lawyer. Call (813) 471-4444 or submit the form below.