Fort Myers Birth Injury Lawyer

Birth Injury Attorney in Fort Myers, FL

For most families, the birth of a child is a happy occasion. Sadly, a time meant for joy can become incredibly difficult when medical mistakes lead to harm during pregnancy or childbirth. A Fort Myers birth injury lawyer can help families learn about their legal rights if an accident caused by a preventable medical mistake harms a newborn baby or mother. 

About The Caldarone Law Group, P.A. 

Justin P. Caldarone founded The Caldarone Law Group, P.A., to offer knowledgeable and client-centered legal representation to residents across southern Florida. His extensive legal background, built over ten-plus years, features roles as both a Miami-Dade County prosecutor and in-house counsel for a large insurance provider.

Now he uses that knowledge and experience to advocate on behalf of individuals and families who have been impacted by complex legal issues, including serious injury. If you live in Fort Myers, your case may be handled at the Lee County Justice Center located at 2000 Main St, Fort Myers, FL 33901.

Understanding Birth Injuries

Medical complications that occur before, during, or immediately following birth are known as birth injuries. While not every birth injury is preventable, some may rise to the level of a Catastrophic Injury when they result in long-term or permanent harm. In many cases, these serious outcomes are linked to medical errors that could have been avoided with proper care and attention.

Medical professionals are expected to monitor the mother and child during labor and delivery. In some cases, medical personnel fail to properly monitor fetal heart rate or fail to react to other signs of distress in a timely manner. These mistakes can result in injuries to babies that may last a lifetime. Birth injuries can result from:

• Nerve damage
• Bone fractures
• Lack of oxygen
• Mishandling a baby during delivery
• Waiting too long to deliver a C-section

Whether a birth injury was caused by negligence often depends on carefully reviewing the patient’s medical records and understanding the rationale for medical decisions made during labor and delivery.

Florida Birth Injury Laws

Florida law requires healthcare providers to adhere to a professional standard of care when treating patients. If a healthcare provider breaches this standard of care and causes injury to a patient, they may be liable for damages outlined in Florida Statute 766.102.Additionally, Florida law places limits on how long a patient can wait to file medical malpractice claims. For example, in some cases, medical malpractice claims can only be brought within two years of the date the injury was discovered or should have been discovered. There are exceptions to this rule in cases involving minors in Fort Myers, FL.

What To Do If You Suspect a Birth Injury

As parents, if you suspect that your child may have suffered a birth injury, it is completely natural to feel unsure about what to do next. First and foremost, you should seek prompt medical evaluation and treatment. Many birth injuries, including a Spinal Cord Injury, can be identified early, allowing children to receive the care and therapy they need to support their development and reach their full potential.

Next, it is important to obtain copies of your medical records, including documentation from your pregnancy, labor, and delivery. These records can play a key role in determining whether medical malpractice contributed to your child’s injury. In many cases, consulting with a lawyer can help you better understand these records and what they may reveal, especially in situations involving a Head Injury.

Should you believe that there was negligence involved, you may want to speak with a lawyer prior to speaking with insurance companies or hospital boards. Your Fort Myers birth injury attorney can review your case and determine if you need to hire a birth injury lawyer for further investigation.

Although they are rare, birth injuries nevertheless happen in a significant proportion of deliveries. According to a National Center for Biotechnology Information study, up to 2.5 out of every 1,000 live births result in brachial plexus injuries. Despite the possibility of long-term disability, it is encouraging since 70–80% of affected newborns fully recover with treatment. 

However, PTSD symptoms are seen in up to 50% of women who have described their deliveries as stressful.

FAQs

What Is the Average Settlement for a Birth Injury?

The amount for a settlement for a birth injury can range greatly. This depends on how bad the injury was to your child, how much medical care they may require for the rest of their life, and how the injury affected your child and family. Some damages awarded can include medical treatment, therapy, caretaker services, and more. Outcomes can vary so greatly from case to case. 

How Long Can You File a Claim After Giving Birth?

Birth injury claims in Florida are typically subject to medical malpractice statutes of limitations under Florida Statute 95.11, which states that most claims must be brought within two years of the injury or when it should have been reasonably discovered. This means that legal action must be taken within a specific period of time after the injury occurred or should have reasonably been discovered. 

How Much Does a Birth Injury Lawyer Cost in Florida? 

How much a birth injury lawyer costs in Florida depends on the lawyer’s fee structure and the complexity of the case. The Calderone Law Group, P.A., uses a contingency fee structure for personal injury cases, which means that clients do not have to pay lawyer fees up front. Instead, our fee is taken as a percentage of the final settlement amount. 

What Counts as a Birth Injury?

A birth injury happens when a baby or mother suffers physical damage before, during, or shortly after birth. Injury can occur if complications happen during labor that go unrecognized and untreated. Providers may fail to take necessary precautions during delivery based on the mother’s or baby’s reaction to labor and not respond appropriately to their distress. 

Damage from birth can manifest as nerve injuries, broken bones, lack of oxygen, or other issues related to the birthing process.

Hire a Birth Injury Lawyer

Birth injury claims can be some of the most complex personal injury cases. Not only do you need to prove that the doctor or hospital was negligent, but you generally have to illustrate how they deviated from an acceptable standard of care. A lawyer can review your case, consult with medical professionals, and help you determine if there is a need to file a claim.

Hire a birth injury lawyer with The Caldarone Law Group, P.A. today. We can assist you in your legal claim. Contact us for a consultation.