A birth injury can change your family’s life in an instant. When labor and delivery don’t go as planned, parents are often left with heartbreaking questions: Was this preventable? Did someone miss warning signs? What happens next?
A Lakeland birth injury attorney can investigate what happened, preserve critical medical records, and pursue compensation for the care your child may need—so your family isn’t left carrying the cost of a preventable mistake.
Why do families call us?
- We move quickly to preserve labor-and-delivery records, fetal monitoring strips, and NICU documentation.
- We work with qualified medical experts to evaluate whether the standard of care may have been breached.
- We build damages around the long-term—therapy, equipment, home modifications, and lifetime support.
For a statewide overview of birth injury claims and case strategy, visit our Florida birth injury attorney page:
Free consultation • No fee unless we win • (844) 643-7200
Why Birth Injury Cases Are Different
Birth injury cases aren’t like typical accident claims. They often involve:
- Complex medical timelines (pregnancy, labor, delivery, and immediate newborn care)
- Records that must be preserved fast (fetal monitoring, medication logs, nursing notes)
- Expert review to determine whether providers met the legal standard of care under Florida medical negligence standards (Fla. Stat. § 766.102).
Families also face enormous pressure—emotionally and financially—while trying to understand what their child needs next. The right legal process should reduce that burden, not add to it.
Common Causes of Birth Injuries
Not every difficult birth involves negligence. But preventable birth injuries may be linked to issues such as:
- Failure to recognize fetal distress or abnormal fetal heart tracing
- Delayed C-section or delayed escalation to the OB team
- Misuse of the vacuum extractor or forceps
- Failure to manage shoulder dystocia appropriately
- Medication errors (induction drugs, anesthesia, dosing problems)
- Failure to respond to maternal complications (infection, high blood pressure, hemorrhage)
- Neonatal resuscitation errors or delayed NICU intervention
- Missed diagnosis during pregnancy that changed delivery planning
If you were told “these things just happen,” it may still be worth getting an independent review of the records.
Signs and Diagnoses Often Associated With Birth Injury Claims
Depending on the facts, families may seek legal guidance when a child is diagnosed with conditions like:
- Hypoxic-ischemic encephalopathy (HIE)
- Cerebral palsy (in some circumstances, depending on causation evidence)
- Brachial plexus injuries (Erb’s palsy / Klumpke’s palsy)
- Skull fractures or intracranial bleeding
- Seizures shortly after birth
- Severe jaundice/kernicterus (in certain scenarios)
- Developmental delays tied to oxygen deprivation or trauma
A diagnosis alone doesn’t prove negligence—but it can be a reason to review whether proper steps were taken during labor, delivery, and post-delivery care.
What to Do If You Suspect a Birth Injury
You don’t have to figure everything out today. But these steps can protect your family’s options:
- Follow up with the medical team and maintain a clear timeline of symptoms, diagnoses, and referrals.
- Request and save records (prenatal, hospital, OB, fetal monitoring, NICU, discharge paperwork).
- Write down details you remember: who said what, when decisions were made, and what you were told.
- Avoid signing releases or settlement paperwork without legal review.
- Speak with a lawyer early, so record preservation can begin.
If you have questions about your labor and delivery, call (844) 643-7200 for a free consultation. No fee unless we win.
Who Can Be Held Responsible in a Birth Injury Case?
Depending on the facts, liability may involve:
- OB/GYNs and treating physicians
- Nurses and labor-and-delivery staff
- Hospital systems and administrators (policies, staffing, training)
- Anesthesiology teams
- Neonatologists, pediatricians, NICU teams
- Outside contractors providing equipment or specialized services
One of the most important steps is identifying who made the key decisions—and who was responsible for acting when warning signs appeared.
Compensation in a Lakeland Birth Injury Lawsuit
A birth injury claim may seek compensation for damages such as:
- Past and future medical care
- Therapy (PT/OT/speech), specialist visits, and assistive services
- Medical equipment and supplies
- Home modifications and accessible transportation needs
- In-home care, nursing support, or long-term attendant care
- Lost income (in certain situations) and other case-specific losses
The goal is to document what your child may need—not just in the next few months, but over the years ahead.
Insurance and Hospital Tactics Families Should Watch For
Hospitals and insurers may move quickly to control the narrative. Common tactics include:
- “It was unavoidable,” explained before the chart was fully reviewed
- Missing or delayed access to complete records
- Pressure to accept a quick resolution
- Minimizing long-term needs and future costs
Having representation can help ensure communications are controlled and evidence-based as medical experts review the records.
Deadlines and Special Medical Malpractice Rules in Florida
Medical malpractice claims can involve specific pre-suit steps and strict timelines. Florida law addresses pre-suit procedures in Florida pre-suit notice requirements (Fla. Stat. § 766.106).
Limitations rules are addressed in theFlorida statute of limitations (Fla. Stat. § 95.11).
Because exceptions and special rules can apply—especially for minors and medical negligence—getting guidance early is often safer than guessing.
How Wolf & Pravato Builds Birth Injury Cases
Birth injury cases require compassion and precision. Our approach is built around proof:
- Medical record preservation and timeline reconstruction
- Expert review of labor-and-delivery care and neonatal management
- Identification of responsible providers and policies
- Damages documentation focused on lifetime needs (often with care planning support)
- Negotiation backed by litigation readiness if the defense won’t be reasonable
If you need a broader starting point for injury claims in the area, visit our Lakeland personal injury lawyer page.
Serving Lakeland and Polk County Families
We represent families in Lakeland and across Polk County. Whether the birth occurred at a hospital, medical center, or through an affiliated provider group, the key is the same: preserve records, get answers, and build a plan that protects your child’s future.
Speak With a Lakeland Birth Injury Lawyer Today
If your child suffered a birth injury and you suspect it could have been prevented, you may have options. We can review what happened, explain the process, and take the legal pressure off your family.
Free consultation • No fee unless we win
Call (844) 643-7200 or start with Wolf & Pravato
Frequently Asked Questions
- What’s the difference between a birth injury and a birth defect?
A birth injury generally refers to harm that occurs during labor, delivery, or shortly after birth (often tied to trauma or oxygen deprivation). A birth defect is typically a congenital condition that develops during pregnancy. Determining cause requires careful medical review. - Does a C-section delay automatically mean malpractice?
Not always. The question is whether the care team acted reasonably under the circumstances and responded appropriately to warning signs. Records like fetal monitoring and decision timelines matter. - Can cerebral palsy be caused by birth negligence?
Sometimes, depending on the facts. Cerebral palsy can have different causes. A case review typically focuses on evidence of oxygen deprivation, timing, imaging, and whether appropriate steps were taken during labor and delivery. - What records are most important in a birth injury case?
Commonly important records include prenatal care notes, labor and delivery nursing notes, fetal monitoring strips, medication/anesthesia logs, operative notes (if a C-section occurred), Apgar scores, cord blood gases, NICU records, and discharge summaries. - What if the hospital won’t give us complete records?
That happens more often than families expect. A lawyer can help request records properly and preserve evidence early, including items that may not be provided automatically. - How long do we have to file a birth injury lawsuit in Florida?
Deadlines can be strict and can vary based on the facts and the type of claim. It’s usually safest to speak with counsel early so you don’t lose important options. - Will we have to go to court?
Not always. Many cases resolve through settlement, but strong preparation matters—especially when future care needs are significant and the defense disputes liability or damages. - How much does it cost to hire your firm?
We offer a free consultation, and many cases are handled on a contingency fee basis—meaning no attorney fee unless compensation is recovered. We’ll explain the details before you decide.