Filing a Birth Injury Claim in Florida
Birth injury lawsuits typically fall under medical malpractice. Under Florida Statutes § 766.30, injured parties generally have up to 2 years to file a birth injury claim, starting from the date that the incident occurred. It’s crucial for victims of birth injuries to take swift legal action after suffering an incident of medical malpractice by taking the following steps:
- Secure sound counsel: Securing representation is crucial after a birth injury to ensure your claim is filed correctly, completely, and on time. Our birth injury attorneys are experienced in medical malpractice law, empowering them to assist clients with managing important deadlines, fortifying cases with relevant evidence, and establishing causation and other necessary elements.
- Document everything: It’s important to keep track of all documentation and evidence that may prove crucial to your case. Keep thorough records of all medical documents, such as records for prenatal/postnatal care and labor and delivery.
- Gather evidence: Fortify your case with strong evidence, such as by seeking expert opinions, collecting witness statements, and compiling other relevant evidence like ultrasound photos, diagnostic imaging, or test results.
- Determine liability: An attorney can conduct a thorough investigation to determine if medical negligence or malpractice played a role in the birth injury by reviewing medical records, consulting with experts, and analyzing the circumstances surrounding the injury.
- File a claim: Your attorney can assist you with filing a formal complaint against the responsible parties (e.g., healthcare providers, hospitals, or other entities involved). Filing the complaint will initiate the legal process and notify the defendants of the allegations against them, after which they have 90 days to file a response (Florida Statutes § 766.106).
You Only Pay When You Collect
Our work is conducted on a contingent fee basis. This means that you pay nothing unless we make a recovery on your behalf.
Experienced Trial Attorneys
Each case is assigned to a lead attorney and a supporting attorney. This ensures continuity during the legal process and enables us to provide responsive service.
Hundreds of Millions Recovered
At Perry & Young Law Firm, we take pride in championing the rights of our clients. We have secured hundreds of millions for our clients.
Perry & Young is the best out there. I can't say enough about Phillip. Phillip communicated with me through the whole process, keeping me updated and answering any questions that I had. He was very knowledgeable and willing to go the extra mile. I would highly recommend Phillip hands down the best there is.- Brandy B.
Perry & Young, P.A. is an amazing injury firm! They support many local clubs and school organizations around the Panhandle of Florida, including my FFA chapter at Cottondale High School. They are very friendly group of individuals and are always willing to help EVERYONE in their surrounding community!- Charlize R.
I have used Ted Howell and Trina at this firm to help me for my claim and have referred other people as well to them that they have helped. They are dedicated to helping you and will go above and beyond for you. You will never have to wonder what is going on with your case as they always keep you in the loop. I highly recommend Ted and Trina if you need someone in your corner!- Hollie H.
Perry and Young is a fantastic Law firm to work with! I have personally worked with Ted Howell on multiple occasions and he has been kind, professional, and extremely knowledgeable. I highly recommend Ted and Perry Young.- Christopher A.
Perry & Young, P.A. is an amazing attorney office. Their support for their community is phenomenal. They sponsor and constantly support many of the clubs and organizations in the Panhandle. I know personally that they sponsor the Cottondale FFA Chapter and supports us in anything we do- Kaitlyn H.
This firm is the most professional company. I have recommended several clients to Phillip Stamman and he has provided excellent guidance. He has an exceptionally strong eye for detail that has been a benefit to his clients.- Myra H.
I’m so very grateful for choosing this firm. Also I highly recommend Lance Berry! He has went above and beyond to help me. He genuinely and sincerely has compassion for others. He was very kind and understanding about my injuries and situations. Thank you so very much for everything you’ve done. I am forever grateful and will spread the word to anyone I know whom needs help after an accident!!!- Jennifer W.
I had a remarkable experience with Perry and Young. My guy Les McFatter was very professional and always a text or phone call away to answer any questions or concerns. He went above and beyond to make this experience as smooth as possible! Maggie Harris thank you for making communication so easy. Highly recommend! Thank you Les and Maggie!- Travis J.
Types of Birth Injury Cases We Handle
There are many types of birth injuries that a mother and baby can sustain during childbirth. Fortunately, our birth injury lawyers have extensive experience representing clients in a range of birth injury cases, including:
- Cerebral palsy: This birth injury refers to a group of neurological disorders affecting movement, muscle tone, and posture. It is caused by damage to the developing brain. The brain damage associated with cerebral palsy can result from various factors, such as oxygen deprivation, trauma, infections, or abnormal brain development. These injuries often occur due to medical negligence during pregnancy, labor, or delivery.
- Erb’s Palsy: This birth injury involves damage to the brachial plexus, a network of nerves that controls movement and sensation in the shoulder, arm, and hand. It typically occurs during a complicated delivery. The brachial plexus can be injured when excessive force is applied during delivery, causing stretching, tearing, or avulsion of the nerves. Other contributing causes include shoulder dystocia and improper delivery techniques.
- Shoulder Dystocia: This birth injury occurs when the baby's shoulder becomes lodged behind the mother's pubic bone during delivery. During a normal delivery, the baby's head emerges first, followed by the shoulders. In cases of shoulder dystocia, the baby's shoulder gets impacted against the mother's pubic bone, preventing its smooth passage through the birth canal.
- Hypoxic-Ischemic Encephalopathy (HIE): This birth injury is a serious condition that occurs due to a lack of oxygen and blood flow to the baby's brain during childbirth, leading to long-term effects on their neurological development.Prompt diagnosis and immediate medical intervention are crucial in managing HIE, and treatment may include therapeutic hypothermia (cooling therapy) to reduce further brain damage. Supportive care may also be provided, such as respiratory support and medications to control seizures. When doctors fail to provide proper care to patients affected by HIE, they may be held liable for medical negligence.
- Perinatal Asphyxia: Perinatal asphyxia, also known as neonatal asphyxia or birth asphyxia, is a birth injury that occurs when a baby experiences a lack of oxygen (hypoxia) and inadequate blood flow to the vital organs during the perinatal period, which includes labor, delivery, and shortly after birth. Timely intervention is critical to avoid long-term complications. Treatment entails resuscitation at birth, adequate oxygenation and ventilation, and supportive care in a neonatal intensive care unit (NICU).
Trusted Birth Injury Lawyers in Panama City
Our firm has a longstanding reputation for protecting the rights of the wrongfully injured. Since 2008, our distinguished firm has represented clients throughout Florida in various legal practice areas, giving our team an edge in and out of the courtroom. Our diverse legal experience in personal injury law, medical malpractice, and nursing home abuse make us well-equipped to represent victims in Panama City and beyond. If you suffered a wrongful injury due to someone else’s negligence, look no further than the skilled representation at Perry & Young, P.A.