I Think My Child Was Injured During Childbirth: What Should I Do? By Moody Law | Personal Injury Attorneys on July 15, 2023

A newborn undergoing urgent medical care

Injuries during childbirth can alter the entire course of a person’s life. If the trauma they sustained as a newborn was the result of medical errors, it’s crucial that the negligent doctors be held accountable.

But if you sense your child was injured during birth, what can you do as a parent?

The attorneys at our Lakeland, Winter Haven, and Tampa, FL, law offices can help. Let’s consider the unique nature of birth injuries and discuss the deadline for filing a medical malpractice lawsuit for a doctor’s mistakes in the state of Florida.

Understanding the Nature of Birth Injuries

Birth injuries can take many forms. Broadly speaking, they are injuries sustained during childbirth and the delivery process. Injuries could be caused by oxygen deprivation, nerve damage when passing through the birth canal, misuse of certain tools during the delivery process, and so on.

Signs of a Birth Injury Could Take Time to Become Apparent

Even though your child may have been injured during birth, the full extent and nature of their birth injury could take years to finally present.

It’s important that parents take their child to regular medical appointments so any indications of birth injuries can be detected as soon as possible.

Warning Signs to Look For

Some potential warning signs of a birth injury include:

  • Seizures
  • Issues with eyesight or hearing
  • Excessively stiff or floppy muscles
  • Inability to move or use a limb
  • Missing early developmental milestones

Keep in mind that the symptoms of a birth injury vary based on the nature of the child’s condition. For example, nerve damage from misuse of forceps or vacuum suction will have different signs than cerebral palsy (CP), which is the result of brain damage or issues with brain development.

The Statute of Limitations for Filing a Birth Injury Claim in Florida

In the state of Florida, you have two years from the date of the birth injury to file a legal claim.

Tony’s Law: Extending the Initial Statue of Limitations

Florida does have an extension on the birth injury statute of limitations thanks to Tony’s Law. This law allows parents to file a legal claim until the child’s 8th birthday if signs of an injury develop gradually.

Keep in mind that it’s always ideal to seek legal representation sooner rather than later.

Speak With a Birth Injury Attorney About Your Legal Options

Medical malpractice cases can be challenging, especially given the power held by medical facilities and the insurance industry. Without an advocate on your side, you may not know how to stand up to these entities or be forced into a lowball settlement that doesn’t address your child’s current and future financial realities.

By working with the lawyers here at Moody Law, you can help even the odds. While we work on your case and work out your best options, you can concentrate on raising your child and giving your family the attention it needs.

Speak With Our Lawyers About What Happened

Do you suspect that your child was injured during childbirth? If you live in the Lakeland, Winter Haven, or Tampa areas, our law firm can help. To set up a consultation to discuss what happened and what steps you can take next, contact our team of attorneys.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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“Our experience with Moody Law has been awesome, from the first day of calling and talking with the front desk staff and meeting with everyone through the whole process, everyone has been helpful in helping us to resolve this matter.”

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