Florida Birth Injury Lawyer — No Fee Unless We Win
The birth of a child should be one of the happiest moments in a family’s life. But when medical negligence during pregnancy, labor, or delivery causes a preventable birth injury, that joy can turn into shock, grief, and lifelong uncertainty in an instant. At Avera & Smith, our Florida birth injury lawyers fight for families harmed by medical malpractice and negligent childbirth care. We help parents pursue answers, accountability, and compensation for the care their child may need for years to come.
By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.
When a Birth Injury Is Medical Malpractice
Not every birth injury is the result of malpractice. Childbirth carries inherent risks, and some complications can occur even when healthcare providers deliver appropriate care. However, medical malpractice occurs when a physician, nurse, or hospital fails to provide the accepted standard of care that a reasonably competent medical provider would have provided under the same circumstances, and that failure causes preventable harm to a child or mother.
A birth injury may constitute medical malpractice in Florida when a provider:
- Failed to monitor fetal distress during labor
- Delayed a necessary cesarean section
- Used delivery instruments like forceps or vacuum extractors improperly
- Failed to identify or respond to umbilical cord complications
- Administered medications incorrectly during labor and delivery
If any of these apply to your situation, you may have a valid birth injury malpractice claim.
Common Birth Injuries Caused by Medical Negligence
Birth injuries caused by medical negligence can be conditions that resolve over time or affect a child permanently. At Avera & Smith we represent families dealing with all types of birth injuries including:
- Cerebral Palsy: One of the most serious birth injury diagnoses, cerebral palsy can result from oxygen deprivation during delivery. It affects movement, muscle tone, and motor skills and in many cases requires lifelong care and support.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE is a form of brain damage caused by oxygen deprivation during birth. It can result in cognitive impairment, developmental delays, seizure disorders, and in severe cases permanent disability. Many HIE cases are directly linked to failures in fetal monitoring or delayed emergency intervention.
- Erb’s Palsy: Erb’s palsy is a nerve injury affecting the arm and shoulder, most commonly caused by excessive force during delivery. It can result in weakness, limited range of motion, or in severe cases permanent paralysis of the affected arm.
- Brachial Plexus Injuries: Similar to Erb’s palsy, brachial plexus injuries occur when the network of nerves controlling the arm and hand is damaged during delivery, often due to improper use of delivery instruments or excessive traction.
- Skull Fractures and Intracranial Hemorrhage: Improper use of forceps or vacuum extractors can cause skull fractures or bleeding in the brain, both of which can have serious long-term neurological consequences.
- Facial Nerve Damage: Pressure during delivery or improper instrument use can damage facial nerves, resulting in partial or complete facial paralysis.
What Compensation Can Your Family Recover?
Birth injury malpractice cases in Florida can result in significant compensation reflecting both the immediate and lifelong impact of the injury.
Recoverable damages can include:
- Past and future medical expenses including surgeries, therapies, and long-term care
- Costs of assistive devices and home modifications
- Lost future earning capacity for the child
- Pain and suffering and emotional distress for the child and parents
- Wrongful death damages if the injury resulted in the loss of your baby
Meet the Attorneys Who Fight for You
Behind every successful case is a team that knows how to take on insurance companies and deliver results. At Avera & Smith, our attorneys bring decades of experience, proven outcomes, and a reputation that demands respect.
Talk to a Florida Birth Injury Lawyer Today
If your child was injured during birth and you believe medical negligence played a role, time is critical. Florida’s statute of limitations on medical malpractice claims imposes strict deadlines.
At Avera & Smith, we understand the devastating emotional and financial toll these cases place on families, and we are committed to helping parents hold negligent healthcare providers accountable.
Our team has decades of experience handling complex Florida medical malpractice claims, the resources to take on hospitals and insurers, and a reputation for fighting relentlessly for our clients. If you believe your child’s injury may have been preventable, contact Avera & Smith today for a free, confidential consultation.
Request your free consultation and case review today.
Call 352-372-9999 or contact us online to get started.
By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.
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