Brevard County Birth Injury Attorneys

When a Birth Injury Changes Everything — We’re Here to Help

The birth of a child should be one of the happiest moments of a family’s life. When medical negligence turns that moment into a tragedy, the emotional, physical, and financial consequences can last a lifetime. Birth injuries caused by doctor or hospital error are far more common than most people realize — and families have the right to hold negligent medical providers accountable.

At Charpentier Law Firm, P.A., we have been fighting for injured victims and their families in Brevard County since 1981. We understand the devastating impact a birth injury has on every member of your family — and we know how to build the case that gets you the compensation your child deserves.

If your child suffered a birth injury at Parrish Medical Center, Health First, Cape Canaveral Hospital, or any other Brevard County facility, call us today for a free consultation: 321-308-8020.

What Is a Birth Injury?

A birth injury occurs when an infant suffers physical harm during pregnancy, labor, or delivery — harm that results from medical negligence rather than unavoidable complications. The distinction matters enormously. Not every difficult birth is malpractice. But when a doctor, nurse, midwife, or hospital staff member fails to meet the accepted standard of care and a child is injured as a result, that is actionable negligence.

Common forms of medical negligence that cause birth injuries include:

– Failure to monitor fetal distress signals
– Delayed or improper C-section decisions
– Improper use of forceps or vacuum extractors
– Failure to diagnose or treat maternal infections
– Medication errors during labor and delivery
– Failure to respond to umbilical cord complications
– Inadequate prenatal care

Common Birth Injuries Caused by Medical Negligence

Common Birth Injuries Caused by Medical Negligence

Cerebral palsy is one of the most common and devastating birth injuries linked to medical negligence. It is frequently caused by oxygen deprivation (hypoxia) during labor and delivery — something that proper fetal monitoring should detect and prevent. Children with cerebral palsy may face a lifetime of mobility challenges, cognitive difficulties, and costly medical care.

Erb’s Palsy

Erb’s palsy results from damage to the brachial plexus nerves during delivery, often caused by excessive force when pulling on the baby’s head or shoulders. It can cause partial or total paralysis of the arm and may require years of physical therapy or surgery.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a type of brain damage caused by insufficient oxygen and blood flow to a newborn’s brain. It is frequently the result of delayed C-sections, undetected cord compression, or failure to respond to fetal distress. HIE can cause seizures, developmental delays, and permanent neurological damage.

Shoulder Dystocia

Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. When mismanaged, it can cause nerve damage, fractures, and oxygen deprivation. Experienced medical staff should be trained to handle this complication safely.

Brain Injuries and Skull Fractures

Improper use of forceps or vacuum extractors can cause skull fractures, brain bleeds, and traumatic brain injuries in newborns. These injuries can have lifelong consequences including seizures, developmental delays, and cognitive impairment.

Spinal Cord Injuries

Excessive force or improper technique during delivery can damage a newborn’s spinal cord, potentially resulting in partial or complete paralysis.

What Compensation Can Your Family Recover?

Birth injury cases often involve a lifetime of care needs. Florida law allows families to pursue full compensation for all resulting losses, which may include:

– Past and future medical expenses
– Costs of ongoing therapy and rehabilitation
– Special education and developmental support costs
– Home modification and assistive equipment costs
– Lost earning capacity for the child as an adult
– Pain and suffering — for both the child and the family
– Emotional distress
– Loss of enjoyment of life

These cases frequently result in significant verdicts and settlements because the lifetime cost of care for a child with a serious birth injury can reach into the millions. Having the right legal team matters enormously.

Florida Birth Injury Laws You Should Know

Florida has specific rules governing birth injury and medical malpractice claims. Under Florida Statute §95.11, the statute of limitations for medical malpractice is generally two years from the date the injury was discovered or should have been discovered. However, for birth injuries involving minors, Florida law may allow additional time — making it critical to consult an attorney as soon as possible rather than assuming you have time to wait.

Florida also requires a pre-suit investigation period before a medical malpractice lawsuit can be filed. This process takes time, which is another reason early legal action is essential.

Frequently Asked Questions — Birth Injury Claims in Florida

How do I know if my child’s birth injury was caused by medical negligence?

Not every birth injury is the result of malpractice — some complications are unavoidable. However, if your child suffered a serious injury and you were told things like “we should have acted sooner” or “the monitor wasn’t read correctly,” those are red flags. The best way to find out is to have your case reviewed by an experienced birth injury attorney who can evaluate the medical records.

How long do I have to file a birth injury lawsuit in Florida?

Generally two years from when the injury was discovered or should have been discovered, but Florida law provides special protections for minors that may extend this deadline. Do not assume you have unlimited time — contact an attorney as soon as possible to protect your rights.

Which Brevard County hospitals have birth injury cases been filed against?

Birth injury claims in our area have involved facilities including Parrish Medical Center in Titusville, Health First’s Cape Canaveral Hospital in Cocoa Beach, and Holmes Regional Medical Center in Melbourne. Every case is different regardless of the facility involved.

What is the pre-suit process for Florida medical malpractice cases?

Before filing a birth injury lawsuit in Florida, your attorney must conduct a pre-suit investigation, obtain a medical expert opinion, and serve a notice of intent to sue on all defendants. This process typically takes 90 days. It is one of the reasons starting early is so important.

How much is a birth injury case worth?

There is no simple answer — it depends on the severity of the injury, the lifetime cost of care, lost earning capacity, and the degree of negligence. Serious birth injury cases involving cerebral palsy or HIE can result in multi-million dollar settlements or verdicts because the lifetime care costs are enormous.

What does it cost to hire a birth injury attorney?

Nothing upfront. Charpentier Law Firm works on a contingency fee basis — you pay no attorney fees unless we win your case. There is no financial risk to getting your case reviewed.

Call Charpentier Law Firm — Free Consultation for Birth Injury Families

If your child suffered a birth injury in Brevard County, you deserve answers — and your family deserves justice. Our firm will review your case at no cost and no obligation, and we only get paid if we win.

📱 Stephen’s direct cell: 321-258-8448
📧 steve@brevardlawyer.com

We serve families throughout Melbourne, Titusville, Cocoa, and all of Brevard County, Florida.