FORT MYERS BIRTH INJURY LAWYER

A birth injury is harm that occurs to a baby or mother before, during, or shortly after delivery. These injuries can range from mild and temporary to serious and long-term. Some are unavoidable, while others may result from preventable medical complications or errors.

Birth injuries can result from complications during labor and delivery and, in some cases, medical negligence. Some of the most common birth injuries families face in Fort Myers, Florida, include:

• Hypoxic-Ischemic Encephalopathy (HIE): A severe brain injury that occurs when a baby’s brain is deprived of oxygen during labor or delivery. HIE can lead to permanent disabilities or, in the most serious cases, death.
• Cerebral Palsy: A neurological condition that impacts movement, muscle control, and coordination. It can develop as a result of oxygen deprivation, brain trauma, infection, or complications such as HIE during birth.
• Perinatal Asphyxia: Occurs when a baby does not receive enough oxygen before, during, or shortly after birth, potentially leading to brain damage or organ failure.
• Brachial Plexus Injuries (Erb’s Palsy & Klumpke’s Palsy): Nerve injuries affecting the arm and hand, often caused by excessive traction or shoulder dystocia during delivery.
• Bone Fractures: The clavicle (collarbone) is most commonly fractured during difficult deliveries, including breech births or forceps/vacuum-assisted deliveries.
• Facial Nerve Damage (Bell’s Palsy): Pressure during delivery, especially with forceps, can cause temporary or permanent facial paralysis.
• Intracranial Hemorrhage: Bleeding in the brain caused by birth trauma, sometimes associated with assisted deliveries.
• Cephalohematoma: A collection of blood between the skull and its covering membrane, often linked to vacuum or forceps use.
• Caput Succedaneum: Scalp swelling caused by prolonged pressure during labor.
• Spinal Cord Injuries: Though rare, serious spinal injuries can occur from excessive traction or improper use of delivery tools.

The warning signs of a birth injury can differ based on the type and severity of the condition. Some symptoms are noticeable right away, while others may not become apparent for weeks or even months. Important signs to monitor include:

Immediate Signs (At Birth or Soon After)

• Low Apgar Scores: A low Apgar score, particularly if it remains low at the 5- and 10-minute marks, may signal oxygen deprivation or other complications.
• Weak or Absent Reflexes: Diminished reflexes, such as a weak grasp or reduced startle response, can indicate potential neurological concerns.
• Seizures: Seizures within the first 48 hours of life may point to brain injury, oxygen deprivation, or bleeding in the brain.
• Abnormal Muscle Tone: Excessive stiffness (hypertonia) or unusual floppiness (hypotonia) can suggest underlying nerve or brain damage.
• Breathing Difficulties: Respiratory distress or the need for resuscitation at birth may be associated with perinatal asphyxia.
• Feeding Challenges: Weak sucking, trouble swallowing, or excessive drooling can be signs of nerve impairment or neurological injury.
• Unusual or Repetitive Movements: Abnormal movements may also indicate neurological issues that require further evaluation.

Signs That May Appear in the First Few Months

• Delayed Developmental Milestones: Difficulty lifting the head, rolling over, or reaching for objects at typical ages may signal motor or neurological delays.
• Abnormal Muscle Tone: Ongoing stiffness (hypertonia) or unusual limpness (hypotonia) in the arms or legs can indicate underlying nerve or brain concerns.
• Favoring One Side of the Body: Consistently using one side more than the other, such as keeping one hand clenched or not moving one arm, may suggest nerve or muscle injury.
• Excessive Crying or Irritability: Persistent fussiness, back arching, or inconsolable crying can sometimes reflect pain or discomfort related to an injury.
• Vision or Hearing Difficulties: Limited response to visual or auditory stimuli may point to sensory impairments associated with birth trauma.
• Seizures or Repetitive Jerking Movements: Unusual movements at home may be a sign of neurological complications and should be evaluated promptly

Long-Term Developmental Signs

• Speech or Cognitive Delays: Difficulty babbling, speaking, or understanding language may point to an underlying brain injury.
• Challenges With Coordination and Motor Skills: Problems with crawling, walking, or holding objects can be linked to nerve or muscle damage from birth. Some children with brain injuries may also exhibit excessive drooling or toe walking.
• Ongoing Muscle Weakness or Paralysis: Certain limbs or facial muscles may not function properly due to nerve injury.

If a birth injury is suspected, early evaluation and intervention are critical. Physical therapy, occupational therapy, and appropriate medical treatment can help improve long-term outcomes.

If you suspect a birth injury, taking the right steps as early as possible can help ensure your child gets the medical care and support they need. Here’s what you should do:

1. Seek Immediate Medical Attention

If you notice unusual symptoms such as seizures, difficulty feeding, muscle stiffness, or developmental delays, consult a pediatrician or specialist as soon as possible. Early intervention can improve your child’s long-term prognosis.

2. Request a Thorough Medical Evaluation

Ask for a full medical evaluation, including:

• Neurological exams to assess brain function
• Imaging tests (MRI, CT scan) to check for brain injuries
• Developmental screenings to track motor and cognitive milestones
• Genetic testing to rule out hereditary conditions

3. Keep Detailed Medical Records

Document all medical visits, test results, diagnoses, and treatments. Keeping a record of symptoms, medications, and therapies will be important for both medical care and any potential legal action.

4. Consult a Birth Injury Specialist

Consider seeing a pediatric neurologist, physical therapist, or occupational therapist to help with treatment and therapy options. Early intervention programs can be critical for your child’s development.

5. Monitor Developmental Milestones

Compare your child’s growth and development with standard milestones. If they are significantly delayed in rolling over, sitting up, crawling, or walking, it may be a sign of a birth injury.

6. Contact Morgan & Morgan in Fort Myers, Florida

If you believe medical negligence during pregnancy, labor, or delivery may have contributed to your child’s injury, consider speaking with an experienced birth injury attorney at Morgan & Morgan. Our team can review medical records for potential signs of malpractice, evaluate whether the harm was preventable, and seek compensation for medical costs, therapy, and ongoing care needs.

Birth injuries can have a profound impact on families, affecting them emotionally, financially, and physically. The extent of the impact depends on the severity of the injury, the child’s long-term needs, and the level of support available.

Emotional and Psychological Impact

• Stress and Anxiety: Parents frequently face intense stress as they worry about their child’s long-term health and navigate an uncertain future.
• Depression and Grief: Many families experience a period of grief, mourning the expectations and plans they once had for their child’s life.
• Guilt and Self-Blame: It’s common for parents to question themselves and wonder whether something could have been done differently.
• Strained Relationships: The emotional weight of caring for an injured child can strain marriages and family dynamics, sometimes leading to conflict or separation.
• Challenges for Siblings: Brothers and sisters may feel overlooked as attention centers on medical needs, which can create confusion, frustration, or resentment.

Financial Burden

• Medical Bills: The cost of hospital stays, surgeries, therapy, and ongoing medical care can be overwhelming.
• Rehabilitation and Therapy Costs: Many children with birth injuries require physical therapy, occupational therapy, and speech therapy, which can be expensive over time.
• Assistive Devices and Home Modifications: Families may need to invest in wheelchairs, braces, communication devices, or even modify their homes for accessibility.
• Lost Income: Parents may need to reduce work hours or quit their jobs to provide full-time care for their child, leading to financial strain.

Long-Term Care and Lifestyle Adjustments

• Ongoing Medical Needs: Some birth injuries, like cerebral palsy or brain damage, require lifelong medical care.
• Educational Challenges: Children with developmental delays or disabilities may need special education services, tutoring, or individualized learning plans.
• Caregiver Responsibilities: Parents often become full-time caregivers, impacting their ability to work, socialize, or take care of themselves.
• Limited Mobility and Social Opportunities: Families may need to make adjustments to accommodate their child’s mobility and health needs in daily life.

Legal and Advocacy Challenges

• Seeking Justice: If the birth injury was caused by medical negligence, families may need to navigate legal battles to secure compensation.
• Advocating for Their Child: Parents often need to fight for their child’s rights, whether in healthcare, education, or disability services.

Birth injuries may be linked to medical negligence when a healthcare provider does not meet the accepted standard of care during pregnancy, labor, delivery, or postnatal care. When warning signs are overlooked or treatment is delayed, the consequences can be serious and lifelong.

Examples of conduct that may constitute negligence include:

• Failure to address fetal distress: Not performing a timely emergency C-section or intervening when oxygen levels decline can lead to brain injury, cerebral palsy, or HIE.
• Improper use of forceps or vacuum extractors: Misuse of delivery instruments can result in skull fractures, nerve damage, brain bleeding, or brachial plexus injuries.
• Delayed surgical intervention: Allowing labor to continue too long without a necessary C-section may cause oxygen deprivation.
• Medication errors: Incorrect administration of labor-inducing drugs or anesthesia mistakes can endanger both mother and child.
• Failure to diagnose or treat maternal conditions: Untreated infections or pregnancy-related complications can contribute to serious birth injuries.
• Umbilical cord complications: Unrecognized or untreated cord problems may result in oxygen deprivation or stillbirth.
• Failure to treat severe jaundice: If left untreated, jaundice can progress to kernicterus and permanent neurological damage.

Determining whether negligence occurred typically requires a thorough review of medical records and evaluation by qualified experts. An experienced attorney can help assess whether the standard of care may have been breached and discuss your available legal options.

A birth injury refers to injury or harm suffered by an infant during labor and delivery due to medical negligence, improper medical techniques, or failure to timely and/or appropriately respond to complications. These injuries may be temporary or permanent, impacting a child’s physical and cognitive development. 

 A birth defect, on the other hand, is a congenital condition that develops before birth due to genetic, environmental, or unknown factors. Unlike birth injuries, most birth defects are not caused by medical errors during labor or delivery, but may still result in lifelong challenges.  There are instances where failing to detect certain birth defects or failing to treat them promptly can be the result of medical negligence. 

Key Differences Between Birth Injuries and Birth Defects

• Timing: Birth injuries occur during labor and delivery, while birth defects develop in the womb.
• Cause: Birth injuries are often preventable and result from medical malpractice, while birth defects stem from genetic, environmental, or unknown causes.
• Treatment: Some birth injuries may heal over time with therapy, while birth defects typically require long-term medical care.

Can Birth Defects Be Misdiagnosed as Birth Injuries?

Yes, some birth defects may initially present symptoms similar to birth injuries. However, thorough medical evaluations and expert opinions can distinguish between the two, determining if negligence played a role.

Not all birth injuries are preventable, but many can be avoided with proper medical care before, during, and after delivery. Prevention depends on healthcare providers meeting the appropriate standard of care and parents staying informed about potential risks.

Steps that may help reduce the risk of birth injuries include:

Proper Prenatal Care

Regular prenatal visits are critical for monitoring a baby’s development and identifying potential issues such as gestational diabetes, infections, or high blood pressure. High-risk pregnancies should receive close supervision and timely referral to specialists when appropriate.

Monitoring for Fetal Distress

Continuous monitoring during labor can detect oxygen deprivation or abnormal heart rates. Prompt intervention, including a timely C-section, can prevent brain injuries such as HIE or cerebral palsy.

Careful Use of Delivery Tools

Forceps and vacuum extractors must be used correctly and cautiously to avoid skull fractures, nerve injuries, or brain bleeds.

Preventing Oxygen Deprivation

Complications such as cord compression, placental abruption, or prolonged labor require a swift medical response to protect the baby’s oxygen supply.

Responsible Medication Use

Labor-inducing drugs and anesthesia must be administered carefully to avoid excessive contractions or other complications.

Monitoring and Treating Jaundice

Early detection and treatment of newborn jaundice can prevent kernicterus and long-term neurological damage.

Parental Awareness

Parents who recognize warning signs and advocate for timely care may help reduce the risk of further harm.

If a birth injury results from delayed action, improper technique, or failure to monitor complications, it may constitute medical malpractice. In those cases, families may have legal options to seek compensation for medical care and long-term support.

Whether a birth injury claim may be pursued generally depends on three primary elements: negligence, harm, and preventability.

Was there medical negligence?

A claim may be viable if a doctor, nurse, hospital, or other healthcare provider did not meet the accepted standard of care during pregnancy, labor, delivery, or postnatal care. This could include failing to address signs of fetal distress, delaying a necessary C-section, improperly using delivery instruments, or missing and failing to treat serious complications.

Did the injury result in substantial harm?

To move forward with a lawsuit, the condition must have caused measurable damages, such as brain injury, cerebral palsy, nerve damage, developmental delays, or other long-term medical needs.

Could the injury have been prevented?

A key issue is whether proper monitoring, timely intervention, or appropriate medical treatment likely would have avoided the harm. If so, legal action may be warranted.

Because birth injury cases involve complex medical and legal issues, determining whether a claim exists typically requires a thorough review of medical records and evaluation by qualified experts. An experienced birth injury attorney in Fort Myers can review your circumstances and explain your legal options during a free case evaluation.

Liability for a birth injury depends on what happened and who was involved in the child’s care. In many cases, responsibility may extend beyond just one provider. Potentially liable parties can include:

• Obstetricians (OB/GYNs): Doctors managing pregnancy and delivery may be responsible if they failed to respond to fetal distress, delayed a necessary C-section, misused delivery tools, or failed to monitor oxygen levels.
• Midwives: If a midwife mishandled labor, failed to recognize complications, or did not refer a high-risk situation to a physician, they may be held accountable.
• Anesthesiologists: Errors in administering or monitoring anesthesia during labor can lead to serious complications for both mother and baby.
• Nurses and Labor & Delivery Staff: Medical staff may be liable if they failed to properly monitor vital signs, report complications, or follow established protocols.
• Hospitals and Medical Facilities: Hospitals can be responsible for inadequate staffing, poor training, faulty equipment, or unsafe policies that contribute to preventable injuries.
• Pediatricians or Neonatologists: Doctors responsible for newborn care may be liable if they fail to diagnose or treat serious conditions after birth, such as jaundice, infections, or oxygen-related injuries.
• Product or Drug Manufacturers: In some cases, a defective medical device or dangerous medication may contribute to the injury.

To hold any party responsible, it must be shown that they failed to meet the accepted standard of care and that this failure directly caused the injury. This typically requires:

• A detailed review of medical records
• Expert medical testimony
• Evidence of the injury and its long-term impact

Because birth injury cases are medically complex, determining responsibility often requires careful investigation and expert evaluation.

If a birth injury was caused by medical negligence, families may be entitled to compensation for both financial losses and the long-term impact of the injury. Damages generally fall into three categories: economic, non-economic, and, in rare cases, punitive damages.

Economic Damages (Financial Losses)

These damages cover measurable costs related to the injury, including:

• Medical expenses: Past and future treatment, surgeries, therapy, medications, hospital stays, and specialized care
• Assistive devices and equipment: Wheelchairs, communication tools, prosthetics, or other necessary aids
• Rehabilitation costs: Physical, occupational, or cognitive therapy
• Home modifications: Ramps, widened doorways, or accessibility updates for permanent disabilities
• Lost income: Wages lost by parents who must reduce work hours to provide care
• Future earning capacity: If the child’s disability affects their ability to work later in life

Non-Economic Damages (Personal Impact)

These damages address the non-financial effects of a birth injury, such as:

• Pain and suffering
• Emotional distress experienced by the child or parents
• Loss of enjoyment of life due to permanent disability
• Loss of consortium in certain circumstances

Punitive Damages (Rare)

In situations involving egregious or reckless conduct, a court may award punitive damages to punish the responsible party and discourage similar actions in the future.

Since many birth injury cases involve long-term or lifelong care, damages are often assessed with input from medical and financial experts to fully account for both present and future needs.

The compensation available in a birth injury case depends on several important factors, including:

• Severity of the injury: More serious injuries, especially those causing permanent disability or lifelong complications, generally result in higher compensation.
• Length and extent of care required: If a child needs ongoing medical treatment, therapy, rehabilitation, or specialized support, future care costs significantly influence the overall value of the claim.
• Strength of the negligence claim: The quality of the medical records, expert testimony, and evidence demonstrating malpractice plays a major role in determining both case success and potential recovery.
• Florida law considerations: In Florida, birth injury cases are treated as medical malpractice claims and require detailed documentation, expert review, and comprehensive life-care planning. Florida law also places limits on certain non-economic damages, which may affect compensation in some situations.
• Financial impact on the family: Lost income, reduced earning capacity, and the need for a parent to leave or reduce employment to provide care can all factor into damages.

A birth injury lawsuit typically follows a structured process, beginning with a case review and, if necessary, moving through investigation, negotiations, and trial. While specific rules vary by state, most cases follow these general steps:

• Case Evaluation: An attorney carefully examines your medical records, the details surrounding the delivery, and any indications of medical negligence. If the claim appears legally viable, the case proceeds to the next stage of the process.
• Investigation: Your legal team gathers medical records and consults qualified medical experts to determine whether the standard of care was breached and whether that failure caused the injury.
• Filing the Lawsuit: If supported by evidence, a formal complaint is filed against the responsible parties, which may include doctors, nurses, hospitals, or other providers.
• Discovery: Both sides exchange information, take sworn testimony (depositions), and obtain expert opinions to prepare their cases.
• Settlement or Trial: Many birth injury cases resolve through a negotiated settlement. If a fair agreement cannot be reached, the case may proceed to trial, where a judge or jury determines liability and damages.
• Resolution: If compensation is awarded through settlement or verdict, payment is made to cover medical care, long-term needs, and other damages. Appeals may occur in some cases.

Because birth injury claims are medically and legally complex, having experienced legal guidance is critical at every stage.

Insurance carriers are often central to birth injury claims because they are typically responsible for paying compensation. Most physicians, hospitals, and healthcare providers maintain medical malpractice insurance, which covers defense costs as well as settlements or verdicts if negligence is established.

When a claim is submitted, the provider’s insurer is notified and assigns an adjuster to evaluate the matter. This review usually involves examining medical records, consulting experts, and determining whether the alleged conduct falls within policy coverage. The insurance company also retains defense attorneys to represent the provider or facility.

Settlement Discussions

In many cases, insurers participate in settlement negotiations before trial. However, insurance companies generally seek to limit financial exposure and may offer less than the full value of a claim. They may also attempt to resolve cases early to avoid the time and expense of litigation.

If a reasonable settlement cannot be reached, the case may move forward to trial. The insurer typically pays for the legal defense and covers any damages awarded, up to the limits of the policy.

Policy Limits and Long-Term Care

Medical malpractice policies have coverage caps, which can influence the amount of compensation available. In catastrophic birth injury cases involving lifelong medical and supportive care, additional legal strategies may be necessary if damages exceed available coverage.

If an insurer denies the claim, delays payment, or engages in unfair practices, further legal action may be required.

In short, insurance companies provide the funding for defense and compensation in birth injury cases, but their objective is often to reduce liability, which is why experienced legal representation can be essential.

The deadline to file a birth injury lawsuit is called the statute of limitations, and it varies depending on the state and the specific facts of the case. These time limits can be particularly complex in medical negligence claims, which many birth injury cases involve.

In some cases, exceptions can affect the filing deadline. For instance, special rules may extend or modify the time limit when minors are involved, when a government entity may be responsible, or when an injury was not immediately discovered. Additionally, certain states enforce an outside cutoff, called a statute of repose, that can prevent a claim after a specific period, regardless of when the harm was identified.

Because these deadlines vary based on when the injury was discovered, who may be liable, and state-specific legal procedures, it’s important to consult with an attorney promptly.

Filing within the applicable deadline is critical. Missing the statute of limitations can result in your case being dismissed and may prevent you from recovering compensation. An experienced attorney can help determine the specific time limits that apply to your situation and ensure your claim is filed properly and on time.

Florida has a separate system called the Florida Birth-Related Neurological Injury Compensation Plan (NICA) for certain catastrophic birth-related neurological injuries. In some situations, a claim may be handled through that administrative process rather than a traditional lawsuit.

Whether NICA applies depends on specific facts (including medical criteria and program participation), so it’s something an attorney can evaluate early.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations. As the largest personal injury law firm in the country with over 1,000 attorneys nationwide, we have the resources, knowledge, and dedication to fight for your rights. We’ve secured $30 billion for our clients nationwide, and insurers know we don’t back down.

If you’re in Fort Myers or anywhere in Lee County, our team can help review what happened, gather records, and explain your legal options.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™; you only pay if we win.

Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation. 

Hiring one of our birth injury attorneys in Fort Myers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan in Fort Myers, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 attorneys and offices in all 50 states and Washington, D.C.

Your case will be managed by a committed team of professionals, including personal injury attorneys, paralegals, and support staff. You’ll have a designated care team led by a primary attorney who oversees your matter and ensures you receive individualized attention every step of the way.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

Morgan & Morgan handles birth injury cases on a contingency fee basis. That means there are no upfront costs or out-of-pocket expenses to get started. You only pay if your case is successful; the Fee Is Free®, and you owe nothing unless we win.

Our fee is a percentage of the settlement or verdict, which aligns our interests with yours and motivates us to pursue the strongest possible result.