Were you or your baby injured during pregnancy, labor, or delivery in Stuart, FL? If a medical error caused preventable harm, you may be entitled to compensation. Call Kibbey Wagner Injury & Car Accident Lawyers at (772) 444-7000 for a free consultation.
Since opening a decade ago, our team has recovered more than $500 million for injured clients across the Treasure Coast. We are ready to put 80 years of combined experience to work on your behalf. Call our law firm today to schedule a free case evaluation with a Stuart birth injury lawyer to discuss what we can do to help you.
Why Choose Kibbey Wagner Injury & Car Accident Lawyers to Help You After a Birth Injury in Stuart?
All medical malpractice cases are complex, but birth injury cases are unique. They often involve complex obstetric medicine and intensive life care planning for a child. Insurers are often aggressive in fighting these claims. You deserve a Stuart, FL, firm built for that fight.
Kibbey Wagner Injury & Car Accident Lawyers has recovered more than $500 million on behalf of our clients. Founding partner Jordan R. Wagner is Board Certified in Civil Trial Law and a former insurance-defense lawyer. Our Stuart personal injury attorneys have been included in The National Trial Lawyers Top 100 and recognized as experts in civil personal injury law by the Florida Bar.
Contact our law office today to schedule a free case evaluation with a Stuart birth injury attorney to discuss how we can help you.
Understanding Birth Injuries and Their Impact
Birth injuries occur when a mother or baby is harmed during pregnancy, labor, delivery, or shortly after birth. Some are unavoidable, but others result from preventable medical negligence, such as failing to monitor fetal distress or using delivery tools improperly.
Common types of birth injuries include:
- Brain injuries from oxygen deprivation (hypoxic-ischemic encephalopathy)
- Cerebral palsy from brain damage or abnormal brain development
- Brachial plexus injuries affecting arm and shoulder movement
- Fractures, especially to the collarbone or skull
- Facial nerve damage from improper forceps or vacuum use
While some birth injuries heal, others cause lifelong developmental or physical challenges requiring long-term care.
What Causes Birth Injuries In Stuart, Florida?
The underlying causes of birth injuries range from maternal health and infection to umbilical cord problems and difficult or obstructed labor. Some injuries can’t be avoided, but many happen when a medical provider makes a mistake during pregnancy, labor, or delivery.
Common medical errors that cause birth injuries include:
- Failure to diagnose and treat maternal infections and conditions
- Improper prenatal screening
- Failure to monitor for complications and fetal distress during labor
- Delayed C-section after a complicated or prolonged labor
- Improper use of devices like vacuum extractors and forceps
- Medication mistakes
When a medical provider makes a mistake, the consequences may be catastrophic. Doctors, obstetricians, nurses, hospitals, and other providers can be held responsible when their negligence causes harm.
What Is My Stuart Birth Injury Case Worth?
Every birth injury case is unique. The potential value of your case may depend on:
- The type and severity of injury
- Expected lifelong care needs
- Impact on earning potential
- Strength of evidence showing a breach of the standard of care
A birth injury affects your entire family and alters your child’s future forever. It’s difficult to assign a financial value to the devastating toll these injuries can have. We work with pediatric neurologists, certified life care planners, and other experts to support a fair value and fight back against insurers’ attempts to minimize your child’s injury.
What Damages Are Available in a Birth Injury Case in Stuart, FL?
A birth injury can change the trajectory of your child’s life. They may need lifelong medical care and struggle to live independently. The medical costs alone can be substantial. In a personal injury lawsuit, families can seek economic and non-economic damages for their child’s injury.
Recoverable damages may include:
- Current and future medical needs, including specialists, surgeries, and medications
- Physical therapy, occupational therapy, and speech therapy
- Out-of-pocket costs like home accessibility modifications or a specialized vehicle
- Special education and transition supports
- Lost earning capacity if your child experiences permanent impairment
- Pain and suffering, reduced quality of life, and other personal losses
Some catastrophic neurologic birth injuries qualify for benefits through the Florida Birth-Related Neurological Injury Compensation Association (NICA). NICA is a no-fault compensation system that pays for medical costs and reasonable expenses with transportation and housing benefits.
What Is the Deadline to File a Birth Injury Lawsuit In Florida?
Families typically have two years from the date a birth injury occurred or was discovered to file a lawsuit. There’s also a four-year statute of repose, which is a hard deadline of four years from the date the incident occurred, even if it isn’t discovered right away.
Fortunately, Florida law tolls or pauses the deadline for young children who are injured. The deadline does not begin until a child’s eighth birthday.
Contact Our Stuart Birth Injury Lawyers Today for a Free Consultation
Your child’s future is too important to gamble on the insurance company treating you fairly. If you suspect your child’s birth injury in Stuart, FL, was preventable, contact Kibbey Wagner Injury & Car Accident Lawyers today. We’ll review your records, discuss your legal options, and help you secure your child’s future.
Call our law office for a free consultation with a Stuart birth injury attorney who is ready to help you.
