Birth Injury Attorney Florida
Over 35 Years Experience

Florida Birth Injury Lawyer: Fighting for Injured Children and Their Families

Compassionate and Experienced Legal Representation for Families Affected by Preventable Birth Injuries Caused by Medical Negligence.

  • Decades of Experience in Complex Medical Malpractice
  • Fighting for Your Child’s Future and Lifelong Care
  • Holding Negligent Doctors & Hospitals Accountable
  • No Fee Unless We Secure a Recovery for Your Family
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When a Joyous Occasion Turns into a Lifelong Challenge

The birth of a child should be one of life’s most joyous moments. Parents place their complete trust in obstetricians, nurses, and hospital staff to ensure a safe delivery for both mother and baby. While some complications are unavoidable, many devastating birth injuries are the direct result of preventable medical errors and negligence.

A birth injury can leave a child with permanent disabilities requiring a lifetime of medical care, therapy, and support. The emotional and financial toll on a family is immeasurable. If you suspect your child’s injury was caused by a medical professional’s mistake during pregnancy, labor, delivery, or neonatal care, you have the right to seek answers and justice.

At Lisa S. Levine, P.A., we provide compassionate, understanding, and powerful legal assistance to families across Florida whose lives have been impacted by birth injuries. Experienced Florida birth injury lawyer Lisa Levine is dedicated to fighting for the resources your child will need for the future.

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A Critical Distinction: Birth Injury vs. Birth Defect

Cerebral Palsy Lawyer FL

It is crucial to understand the difference between a birth injury and a birth defect:

  • A Birth Defect is a condition that typically develops while the baby is in the womb due to genetic, environmental, or unknown factors. Birth defects are generally not caused by medical negligence.
  • A Birth Injury is harm that occurs to an infant (or mother) due to a traumatic event or medical error during the labor and delivery process or in the immediate neonatal period. Many birth injuries are preventable.

Our legal practice focuses on seeking justice for preventable birth injuries caused by a deviation from the accepted standard of medical care.

Common Types of Preventable Birth Injuries

Medical negligence during the birthing process can lead to a range of devastating, often lifelong conditions for a child:

  • Cerebral Palsy (CP): A group of disorders affecting movement, muscle tone, and posture, often caused by brain damage resulting from oxygen deprivation (asphyxia) during a difficult labor or delivery.
  • Hypoxic-Ischemic Encephalopathy (HIE): Brain injury caused by a lack of oxygen or blood flow to the brain around the time of birth. HIE is a primary cause of Cerebral Palsy and other developmental disabilities.
  • Erb’s Palsy / Brachial Plexus Injury: Damage to the network of nerves that control the arm and hand, often caused by excessive pulling or improper maneuvering of the baby during a difficult delivery, especially with shoulder dystocia.
  • Physical Trauma: Including skull fractures, broken bones (e.g., clavicle), or internal bleeding caused by improper use of delivery instruments like forceps or vacuum extractors.
  • Facial Paralysis: Caused by pressure on the facial nerves during labor or birth.
  • Kernicterus: A type of preventable brain damage caused by untreated severe newborn jaundice.
  • Injuries to the Mother: Negligence can also cause serious harm to the mother, including uterine rupture, hemorrhaging, preeclampsia/eclampsia complications, and perineal tears.

If you believe you’ve suffered harm due to these or other dental errors, contact us to discuss your situation.

Common Forms of Negligence Leading to Birth Injuries

Many birth injuries are linked to specific failures by doctors, nurses, and hospitals. Common examples of negligence include:

  • Postnatal/NICU Negligence: Failure to provide proper evaluation and care for premature babies or newborns with complications like jaundice or breathing difficulties.
  • Delayed Cesarean Section (C-Section): Unnecessary delays in performing an emergency C-section when the baby or mother is in distress.
  • Mismanagement of Labor and Delivery: Improper use of labor-inducing drugs like Pitocin, failure to recognize a difficult birth (e.g., shoulder dystocia, breech position), or using incorrect delivery techniques.
  • Improper Use of Forceps or Vacuum Extractor: Using excessive force or improper placement, leading to skull fractures, brain bleeds, or nerve damage.
  • Medication Errors: Giving the wrong medication or dosage to the mother or newborn.
  • Failure to Treat Maternal Conditions: Negligently managing maternal infections (like Group B Strep), high blood pressure (preeclampsia), or gestational diabetes.
  • Failure to Monitor Fetal Distress: Not properly reading, interpreting, or reacting to signs of fetal distress on electronic heart rate monitors.

Proving Medical Malpractice in a Florida Birth Injury Case

Birth injury cases are among the most complex in medical malpractice law. To succeed, we must prove that the actions of the medical team fell below the accepted standard of care and directly caused your child’s injury. This requires:

  • Meticulous Record Review: A thorough analysis of all prenatal records, labor and delivery charts, fetal monitoring strips, and neonatal care records.
  • Expert Medical Testimony: Collaborating with highly respected obstetricians, neonatologists, pediatric neurologists, and other specialists to establish the standard of care and identify how it was breached.
  • Demonstrating Causation: Clearly linking the negligent act or omission to the specific injury and the child’s resulting condition.
  • Calculating Lifelong Damages: Working with life care planners and economists to project the full cost of future care for a child with a permanent disability.

Proven Results in Medical Malpractice & Failure to Diagnose Cases

$2,500,000

jane doe
v. surgeon and hospital

Following a laminectomy where she sustained an intraoperative injury, Jane Doe (66) developed immediate CES signs. A hematoma was untimely diagnosed, and surgery to evacuate it occurred 4 days post-op, leaving her with permanent severe pain, gait issues, saddle anesthesia, and bowel/bladder dysfunction.

$2,500,000

estate of john doe
v. hospital

Our client, a 40-year-old father of 2 minor children, entered the hospital for pain management because of kidney stones. He was given Demerol for pain management. Demerol is a respiratory suppressant and the patient needs to be monitored closely. He died within 24 hours due to hospital’s failure to monitor the patient.

See More Case Results

Disclaimer: Past results do not guarantee future outcomes. Every case is unique.

Why Choose Our Florida Birth Injury Attorney?

When your child’s future is at stake, you need an attorney with the experience, resources, and dedication to handle these profound cases. Families choose Lisa S. Levine, P.A. because:

  • Over 35 Years of Focused Experience: Lisa Levine brings decades of experience specifically in complex medical malpractice litigation, including devastating birth injury cases.
  • Compassionate, Client-First Approach: We understand the emotional turmoil your family is facing. We provide personalized, supportive guidance and clear communication every step of the way. (Read Client Testimonials)
  • Access to Elite Medical Experts: We have a nationwide network of leading medical experts in obstetrics, neonatology, and pediatrics who are essential for proving these complex claims.
  • Commitment to Securing Lifelong Care: Our goal is not just to win a case, but to secure the financial resources your child will need for a lifetime of medical care, therapy, and support.
  • Proven Record of Success: Our firm has a history of securing significant case results for victims of medical negligence.
  • No Upfront Fees: We represent families on a contingency fee basis. You pay no attorney fees unless we successfully recover compensation for you.
Medical Malpractice Birth Injury

Securing Compensation for Your Child’s Lifelong Needs

Compensation in a birth injury case is not just about past bills; it’s about providing for a lifetime of care. A successful claim can secure funds for:

Pain and Suffering

– Acknowledging the physical pain and emotional distress your child will endure.

Special Education and Tutoring

– Costs for specialized educational resources.

Lost Future Earnings

– Compensation for the income your child will be unable to earn due to their disabilities.

Loss of Enjoyment of Life

– For the impact the injury will have on your child’s ability to participate in normal life activities.

Life Care Plan

A comprehensive plan outlining all anticipated medical and non-medical needs for your child’s entire life, including:

– Future surgeries and medical treatments

– Ongoing physical, occupational, and speech therapy

– Medications and medical equipment (e.g., wheelchairs, braces)

– Home and vehicle modifications for accessibility

– In-home nursing or attendant care

Parental Damages

– Compensation for the parents’ emotional pain and suffering and loss of companionship.

Frequently Asked Questions About Birth Injury Cases

Florida’s statute of limitations for birth injury cases can be complex. While the general two-year rule for medical malpractice applies, there are special extensions for cases involving minors. Generally, a claim must be brought before the child’s eighth birthday, but the rules have exceptions. It is absolutely critical to speak with an attorney immediately to understand the specific deadline for your case.

This can be difficult to determine without a thorough investigation. An experienced birth injury lawyer will work with medical experts to review all prenatal and delivery records to determine if the condition was caused by genetic factors (birth defect) or by a lack of oxygen, trauma, or other negligent event during birth (birth injury).

Yes. It is not your job to know the specific medical error. It is our job to investigate. If you suspect something went wrong and your child was injured as a result, that is enough reason to seek a free consultation.

We handle birth injury cases on a contingency fee basis. This means you pay absolutely no attorney fees unless we successfully recover compensation for your child and family.

Get Help from an Experienced Birth Injury Lawyer

If you suspect your child suffered a preventable injury during birth, it is crucial to act quickly to protect their rights. Contact Lisa S. Levine, P.A. to speak with a compassionate and experienced Florida birth injury attorney.

Your initial consultation is free and completely confidential. We are here to listen to your story, answer your questions, and explain how we can help you fight for the future your child deserves.

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