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Smith | Weston Smith Law
  • Home
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    • Weston F. Smith
    • Heather Gilkey, Paralegal
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    • Medical Malpractice
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  3. Medical Malpractice
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  5. Birth Injuries

Protecting Your Children After A Birth Injury

It is no secret how delicate a procedure childbirth is. The actions the lead doctor and their medical team take during your childbirth can shape what kind of life your newborn has. When a mistake in the birthing room results in lifelong injuries, you and your child deserve to see justice for how you were wronged.

At Weston Smith Law, PLLC, we have represented clients in medical malpractice claims since 1992. We are proud to be able to offer the Tampa Bay community the legal guidance it needs to pursue justice after a reckless or negligent medical professional has harmed them. After decades of developing our legal skills and knowledge, we are ready to stand by your side through your claim.

A Strong Pursuit For Fair Compensation

After a birth injury, hospital staff may try to convince you that your child’s injuries are not that severe or that filing an injury claim is unnecessary. We want you to know that we are prepared to do what it takes to hold those responsible for your child’s injuries accountable. We have helped clients through injury claims or complications such as:

  • Facial or body paralysis
  • Broken bones
  • Caput succedaneum
  • Hemorrhaging
  • Cephalohematoma
  • Brachial palsy

We know what these injuries can mean for both a child and their parents, and we know what a lowball settlement offer is when we see it. When you come to our Tampa Bay office for help, you can rest easy knowing that a driven and committed legal team is acting on your behalf through your birth injury claim.

Answers To Common Questions About Florida Birth Injury Claims

A birth injury can affect your child’s health, growth and future care. The following answers explain key issues that may shape your family’s legal options:

How does Florida’s Neurological Injury Compensation Association (NICA) program affect my right to file a birth injury lawsuit?

NICA provides no-fault benefits for certain severe brain or spinal cord injuries linked to birth. If your child qualifies and the provider joined NICA, the program may limit a standard malpractice lawsuit. An attorney can review the injury, provider status and required notice to identify the right path.

What if doctors do not diagnose my child’s birth injury, such as cerebral palsy or developmental delay, until months or years after delivery?

Some birth injuries do not show clear signs right away. You may notice missed milestones, movement problems or speech delays later. Because Florida sets strict filing deadlines, seek a legal review as soon as a doctor connects those concerns to the birth.

How do I know if medical negligence caused my baby’s oxygen deprivation (HIE) during labor rather than an unavoidable complication?

Medical records can show how the care team responded to signs of oxygen loss. A review may cover fetal heart tracings, blood tests, labor notes and the timing of each response. Those details can show whether the team missed warning signs or followed accepted standards.

Can a Florida hospital or doctor face liability for delaying an emergency C-section when monitoring shows fetal distress?

A hospital or doctor may face liability when fetal monitoring shows distress, but the care team fails to act in time. You must also link that delay to your child’s injury. Monitoring strips, delivery notes and the treatment timeline can help show what happened.

What types of financial compensation can my family recover in Florida to support my child’s lifelong care and specialized medical needs?

A birth injury claim may seek funds for medical care, therapy, equipment, home changes and daily support. It may also cover future care costs and reduced earning ability. If NICA covers the injury, its rules will control the benefits your family can receive.

Caring Representation For Your Family

No one should ever have to experience a birth injury. When it does happen, they should never go through their claim alone. When you need reliable legal representation, choose a Florida attorney who is as dedicated to your needs as you are. Call our office at 727-866-4103 or email us here to schedule your free initial consultation today.

Practice Areas

  • Personal Injury
    • FAQ
    • Spinal Cord Injuries
    • Catastrophic Injuries
    • Wrongful Death
    • Nursing Home Abuse
  • Medical Malpractice
    • Birth Injuries
    • Emergency Room Errors
    • Injuries Caused By Medical Malpractice
    • Medical Malpractice FAQ
    • Misdiagnosis / Delayed Diagnosis
    • Misdiagnosis / Delayed Diagnosis Of Cancer
    • Radiology Malpractice
    • Surgical Malpractice

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