Common Misconceptions About Birth Injury Claims in Florida

Birth injuries can be devastating, affecting not only a child’s health but also the emotional and financial well-being of the family. Many parents feel lost, unsure of whether they have legal options or if they should simply accept the injury as an unfortunate circumstance. This hesitation is often due to common misconceptions about birth injury lawsuits—misconceptions that prevent families from seeking the justice and compensation they deserve.

The truth is, medical negligence plays a significant role in many birth injuries, and parents have the legal right to hold healthcare providers accountable. If a doctor, nurse, or hospital failed to provide proper care during childbirth, the family may be entitled to compensation that can help cover medical expenses, ongoing therapy, and other necessary costs for the child's well-being.

This article aims to dispel the myths surrounding birth injury lawsuits in Florida, providing clear and accurate information so parents can make informed decisions about their legal rights.

Common Myths About Birth Injury Lawsuits

Myth #1: Birth Injuries Are Always Unavoidable

Some people believe that birth injuries are an unfortunate but natural part of childbirth, assuming that doctors and nurses do everything possible to prevent complications. While some birth injuries occur due to unpredictable circumstances, many are caused by medical negligence.

Medical professionals are trained to recognize and respond to potential dangers during labor and delivery. When they fail to do so, serious birth injuries can occur. Examples of preventable birth injuries include:

1. Oxygen deprivation (hypoxia) – If a doctor fails to monitor the baby’s oxygen levels properly, the child may suffer brain damage, leading to lifelong conditions such as cerebral palsy.
2. Brachial plexus injuries (Erb’s palsy) – Excessive force during delivery, especially when using forceps or vacuum extraction, can cause nerve damage in the baby’s shoulder and arm.
3. Fractures and skull injuries – Improper use of medical tools can cause bone fractures, including skull fractures, leading to serious complications.
4. Infections from negligence – A failure to detect and treat infections during pregnancy or delivery can result in severe birth complications.

If a birth injury was caused by improper medical care, it is not unavoidable—it is medical malpractice.

Myth #2: You Can’t Sue If the Hospital Denies Wrongdoing

Hospitals and medical professionals rarely admit fault when a birth injury occurs. Parents may feel discouraged when they receive an official denial from the hospital, but that does not mean they don’t have a valid case.

Medical malpractice cases rely on evidence, not hospital admissions. With the help of a skilled attorney, families can collect medical records, obtain expert opinions, and demonstrate that negligence occurred. Even when hospitals deny responsibility, many birth injury lawsuits result in settlements or successful court rulings when presented with strong evidence.

If your child suffered a birth injury and the hospital refuses to take responsibility, consulting a lawyer is the best way to determine whether you still have a case.

Myth #3: Birth Injury Lawsuits Are Too Expensive

A common fear among parents is that pursuing a lawsuit will be financially draining. Many families worry about expensive legal fees, court costs, and the possibility of losing the case. However, most birth injury attorneys work on a contingency fee basis, meaning:

• Parents do not pay any upfront costs.
• The attorney only gets paid if the case is successful.
• Legal fees come from the final settlement, not out-of-pocket expenses.

This arrangement allows families to pursue justice without financial barriers. Additionally, a successful claim can provide compensation for:

1. Medical expenses – Covering doctor visits, surgeries, medications, and specialized treatments.
2. Ongoing therapy – Including physical therapy, speech therapy, and occupational therapy.
3. Assistive devices – Such as wheelchairs, hearing aids, or specialized equipment.
4. Lost wages – If parents need to take time off work to care for their child.
5. Pain and suffering – Addressing the emotional and psychological impact on the child and family.

Filing a lawsuit is not about seeking revenge—it’s about securing the financial support necessary for a child's long-term care and quality of life.

Myth #4: All Birth Injury Claims Result in a Settlement

Many people assume that filing a lawsuit automatically leads to a financial settlement. While settlements are common in birth injury cases, they are not guaranteed. Hospitals and insurance companies may fight back, especially if they believe they have a strong defense.

Some cases go to trial, where a judge or jury decides the outcome. The decision to settle or proceed to court depends on several factors, including:

• The strength of the evidence
• The willingness of the hospital to negotiate
• The estimated financial value of the case

Even if a case does not settle, having a strong legal team increases the chances of winning a favorable verdict.

Myth #5: There Is No Deadline for Filing a Birth Injury Lawsuit

Every state has a statute of limitations that sets a deadline for filing a lawsuit. In Florida, birth injury cases generally follow these time limits:

• Two years from the date of discovering the injury (for medical malpractice claims).
• Up to the child’s eighth birthday (for cases involving minors).

If parents wait too long to take action, they risk losing the right to seek compensation. That’s why it’s important to speak with an attorney as soon as possible.

Understanding Medical Malpractice in Birth Injury Cases

What Qualifies as Medical Negligence?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession. In birth injury cases, negligence may include:

• Failure to diagnose a medical condition – Such as gestational diabetes or preeclampsia.
• Failure to act on fetal distress – Delaying a necessary C-section or ignoring warning signs.
• Misuse of medical tools – Leading to physical trauma or nerve damage.

A birth injury lawyer can review the case and determine whether medical malpractice occurred.

Legal Rights and Compensation for Birth Injury Cases

What Compensation Is Available?
Birth injury lawsuits can help cover:

• Medical bills (hospital stays, surgeries, rehabilitation).
• Special education and therapy costs.
• Home modifications and assistive technology.
• Emotional distress and pain and suffering.

Filing a lawsuit ensures families have the financial resources to give their child the best possible future.

How to File a Birth Injury Lawsuit in Florida

Steps to Take After a Birth Injury

1. Request medical records – This will provide details about labor, delivery, and potential negligence.
2. Consult a birth injury lawyer – An attorney can assess the case and explain legal options.
3. File a lawsuit if necessary – If a settlement is not reached, a lawsuit may be required to seek compensation.

Why Hiring a Birth Injury Lawyer Is Crucial

Birth injury cases are complex, requiring expert testimony, detailed medical records, and legal experience. A lawyer can:

• Investigate medical errors.
• Negotiate with insurance companies.
• Represent parents in court if needed.

Hiring an attorney improves the chances of receiving fair compensation.

Frequently Asked Questions (FAQ) About Florida Birth Injury Lawsuits

Do I need a lawyer to file a birth injury claim in Florida?
Yes, hiring a lawyer is highly recommended for birth injury claims. Medical malpractice cases involve complex legal and medical issues that require expert analysis, access to medical professionals for testimony, and an understanding of Florida’s legal procedures. An experienced birth injury attorney can gather evidence, negotiate with insurance companies, and represent you in court if necessary.

How do I know if my child’s birth injury was caused by medical negligence?
Not all birth injuries are due to medical malpractice, but negligence often plays a role. If a doctor or healthcare provider failed to monitor fetal distress, delayed a necessary C-section, improperly used delivery tools, or otherwise deviated from the standard of care, your child’s injury may be the result of malpractice. A birth injury lawyer can help determine if negligence was involved by reviewing medical records and consulting with medical experts.

How much time do I have to file a birth injury lawsuit in Florida?
Florida law generally allows parents to file a birth injury lawsuit within two years of discovering the injury. However, if the injury was not immediately apparent, the statute of limitations may be extended, but no case can be filed after the child’s eighth birthday. Since legal deadlines vary based on the details of the case, consulting a lawyer as soon as possible is crucial to protecting your rights.

What compensation can I receive from a birth injury lawsuit?
A successful birth injury lawsuit can provide compensation for a variety of damages, including medical expenses, rehabilitation and therapy costs, special education needs, assistive devices, lost wages for parents who must provide care, and pain and suffering. Compensation aims to cover both immediate and long-term costs associated with the injury.

Will my birth injury case go to trial?
Many birth injury lawsuits are settled outside of court through negotiations with the hospital or insurance company. However, if a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide the outcome. Your attorney will guide you through the process and work to achieve the best possible result for your family.

Contact Rafferty Domnick Cunningham & Yaffa Today

If your child suffered a birth injury due to medical negligence, you have the right to seek compensation. Medical malpractice lawsuits can be intimidating, but they provide the financial support necessary for long-term care.

Don’t let myths and misinformation prevent you from taking action. If you suspect a birth injury was caused by medical negligence, speak with a qualified Florida birth injury attorney as soon as possible.

Contact Rafferty Domnick Cunningham & Yaffa today for a free consultation and learn more about your legal options. Your child’s future may depend on it.