The birth of a child should be a joyous occasion, but when medical negligence occurs, families can be left facing a lifetime of challenges. Birth injuries can lead to permanent disabilities, cognitive impairments, and extensive medical expenses. At Fogg Law Group, we specialize in identifying and litigating birth injury malpractice claims, holding negligent doctors, hospitals, and healthcare providers accountable.
As the parent of a child living with a birth injury, you have too much on your plate to deal with frustration or uncertainty over your legal claim. That’s why our firm handles every case on a contingency basis, meaning we only get paid if you do. We believe that issues like cost, complexity, and time shouldn’t determine whether your child receives the compensation they are entitled to.
We don’t just make promises; we have the track record of success to back it up. For example, attorney Ryan Fogg has previously secured a $35 million verdict on behalf of a family dealing with severe birth defects caused by medical negligence. Let our team help you pursue the justice you deserve.
What Is a Birth Injury?
A birth injury occurs when a baby suffers harm due to medical negligence before, during, or shortly after delivery. Unlike birth defects, which result from genetic conditions, birth injuries are often preventable and caused by mistakes made by doctors, nurses, or hospitals.
To prove a birth injury malpractice claim, the following must be established:
- A doctor-patient relationship existed.
- The healthcare provider failed to meet the standard of care.
- This failure resulted in injury to the baby or mother.
- The family suffered damages as a result.
Who Can Be Held Liable for Birth Injuries?
One of the things holding some people back from filing a birth injury lawsuit is confusion over who is actually at fault. Depending on the circumstances, several medical professionals and healthcare institutions can be held responsible for birth injuries. Our Palm Beach Gardens birth injury attorneys can investigate your case, potentially pursuing a claim against any of the following:
1. Obstetricians (OB-GYNs)
Obstetricians oversee pregnancies and deliveries. They may be liable for:
- Failure to diagnose high-risk pregnancy conditions (gestational diabetes, preeclampsia).
- Mismanagement of labor and delivery (failure to order a Cesarean section when necessary).
- Improper use of forceps or vacuum extraction, leading to head trauma or nerve damage.
2. Labor & Delivery Nurses
Nurses assist in monitoring both the mother and baby during labor. They may be liable for:
- Failure to recognize fetal distress, leading to oxygen deprivation.
- Errors in administering medication, such as excessive Pitocin causing dangerous contractions.
- Improper charting of vital signs, delaying necessary interventions.
3. Anesthesiologists
Errors in epidurals or spinal anesthesia can cause:
- Maternal low blood pressure, reducing oxygen flow to the baby.
- Nerve damage to the mother, causing long-term disability.
- Overdose of anesthesia, leading to respiratory distress in the infant.
4. Neonatologists & Pediatricians
Neonatologists and pediatricians are responsible for post-delivery care. They may be liable for:
- Failure to diagnose infections or jaundice, leading to severe complications.
- Delayed resuscitation efforts in cases of birth asphyxia.
- Failure to properly intubate a newborn in distress, causing brain damage.
5. Hospitals & Medical Facilities
A hospital or birthing center may be directly liable for:
- Understaffing, leading to delayed emergency interventions.
- Failure to properly train nurses and medical staff.
- Negligent hiring practices, allowing unqualified doctors to treat patients.
Common Types of Birth Injuries
There’s a lot to go into a claim for compensation following a birth injury, starting with identifying exactly what condition has impacted your child. Our attorneys handle every aspect of your case — from obtaining medical records to working with expert witnesses — so your family can focus on your child’s care.
1. Cerebral Palsy
- Caused by a lack of oxygen (hypoxia) during birth, cerebral palsy leads to motor impairments, muscle stiffness, and lifelong disability.
2. Brachial Plexus Injuries (Erb’s Palsy)
- This injury occurs when a baby’s shoulder is stretched during delivery, causing nerve damage and paralysis in the arm.
3. Hypoxic-Ischemic Encephalopathy (HIE)
- HIE is a brain injury due to oxygen deprivation during labor. It can lead to seizures, developmental delays, and permanent cognitive impairment.
4. Skull Fractures & Head Trauma
- Improper use of forceps or vacuum extractors can cause skull fractures, brain bleeding, or nerve damage.
5. Maternal Injuries
Negligent care during delivery can also harm mothers, leading to:
- Uterine rupture from improper Pitocin administration.
- Severe hemorrhaging due to delayed C-sections.
- Infections due to unsanitary surgical procedures.
Private vs. Sovereign-Owned Hospitals: How Liability Differs
Another factor that can complicate these cases is that the process for pursuing a birth injury differs depending on who owns the facility in question. There are some additional hoops to jump through when it comes to suing government-owned hospitals, but our attorneys are ready to guide you.
Privately Owned Hospitals
There are fewer hurdles when it comes to suing privately owned facilities:
- Can be fully sued for medical negligence.
- No cap on non-economic damages, such as pain and suffering.
- Claims can include full compensation for past and future medical costs.
Sovereign-Owned (Government) Hospitals
Your legal team will have to address additional challenges when it comes to lawsuits against facilities owned or operated by the government:
- Includes state hospitals, county-run facilities, and military medical centers.
- Limited liability under Florida’s sovereign immunity laws (Florida Statutes § 768.28).
- Maximum payout of $200,000 per person and $300,000 per incident, regardless of actual losses.
- Lawsuits must go through administrative claim procedures before a case can proceed.
If your child was injured at a government-run hospital, our attorneys can guide you through the legal complexities to ensure you receive the highest compensation allowed by law.
Steps to Take After a Birth Injury
It’s natural to wonder how to proceed in the aftermath of a birth injury. These times are never easy, but it’s important that you make all of the right moves in order to protect your child’s claim. Our attorneys suggest the following steps after a birth injury:
Obtain Appropriate Medical Care
Nothing is more important than your family’s immediate medical needs. Make sure your child receives appropriate evaluations and follow-up care, particularly if doctors have already identified complications. Mothers should also obtain treatment for any continuing postpartum complications as soon as possible.
Request Medical Records
Next, you should obtain copies of records related to the pregnancy, labor, delivery, and post-delivery care. There are likely a lot of documents to collect, but each of them could prove to be crucial to your claim. Birth injury attorneys can obtain additional records later, but having your available records can provide an important starting point for your legal team when they take your case.
Document What Happened
Write down what you remember about the pregnancy and delivery while those details remain fresh. Include symptoms you reported, conversations with doctors and nurses, changes during labor, emergency interventions, and explanations providers gave you after the injury.
Speak With a Birth Injury Attorney
A serious medical outcome does not necessarily mean malpractice occurred. However, you should not assume that an injury was unavoidable without having the circumstances evaluated. Speaking with an attorney early on in the process also gives them time to investigate your claim and comply with Florida’s medical malpractice requirements.
What Maternal Injuries Can Result from Negligent Care?
Birth injury cases don’t only involve injuries to newborns. When doctors or other members of the medical team make mistakes, the consequences can impact the mother as well. Some of the potential injuries they could face include:
Postpartum Hemorrhage
Postpartum hemorrhage involves excessive bleeding after childbirth and can become a medical emergency. If a medical team fails to recognize or control hemorrhaging promptly, the mother can experience severe blood loss, shock, organ damage, or other serious complications. Fogg Law Group attorney Nancy La Vista has handled a case involving an undiagnosed and untreated postpartum hemorrhage following a cesarean delivery.
Uterine Rupture
A uterine rupture occurs if the wall of the uterus tears during pregnancy or labor. This emergency can endanger both the mother and baby because it can cause severe bleeding and interfere with the baby’s oxygen supply.
Severe Vaginal Tears
Vaginal and perineal tears can occur during childbirth even with appropriate medical care. However, severe tears can cause lasting complications if providers fail to recognize, properly repair, or appropriately manage them.
Florida Statute of Limitations for Birth Injury Claims
Under Florida law, strict deadlines apply:
- General Birth Injury Claims: Must be filed within 2 years of discovering the injury (Florida Statutes § 95.11(4)(b)).
- Wrongful Death Claims: Must be filed within 2 years from the date of death.
- Exceptions for Minors: If the injury is discovered later, lawsuits may be filed until the child’s eighth birthday.
Failing to act within these deadlines could prevent you from obtaining compensation.
Frequently Asked Questions (FAQs)
1. How do I know if my child’s birth injury was caused by malpractice?
If doctors, nurses, or the hospital failed to follow standard medical procedures, and your child suffered harm, you may have a malpractice claim. Medical records and expert testimony are used to prove negligence.
2. What compensation can I recover in a birth injury lawsuit?
Damages may include:
- Medical expenses (past and future)
- Special education and therapy costs
- Pain and suffering
- Loss of future earning capacity
- Home modifications and assistive devices
3. Can I sue a government hospital for a birth injury?
Yes, but sovereign immunity laws limit compensation. You must follow specific legal procedures when filing against a government-run facility.
4. How long does a birth injury lawsuit take?
Cases vary, but many take 1 to 3 years to resolve due to the complexity of medical evidence and expert testimony.
5. What does it cost to hire a birth injury lawyer?
Our firm works on a contingency fee basis – you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If your child suffered a birth injury due to medical negligence, you deserve answers. Our experienced legal team will investigate your case and fight for full compensation.
Call us at 1-561-616-3000 or contact us online to schedule a free consultation.