When something goes wrong during childbirth, the results can be devastating: oxygen loss, nerve damage, or medical errors that leave your child facing a lifetime of challenges. At Souder Law, we don’t let negligence go unanswered. Led by experienced trial attorney Tavis Souder, our firm aggressively fights to hold doctors, hospitals, and insurance companies accountable. We have the knowledge, resources, and relentless drive to pursue full justice for your family across Jupiter, Palm Beach County, and all of South Florida.
What are childbirth injuries?
Every year, thousands of infants in the United States suffer preventable birth-related complications. Roughly 6 out of every 1,000 live births in Florida result in mortality, and complications like oxygen deprivation or shoulder dystocia contribute significantly to long-term disability. With over 200,000 births in Florida annually, even a small percentage of preventable injuries represents hundreds of children and families whose lives are permanently altered.
Childbirth injuries are the result of medical mistakes made during labor, delivery, or the immediate post-birth period. These injuries can range from oxygen deprivation to nerve damage caused by improper use of forceps or failure to order a timely C-section. To succeed in a Florida childbirth injury claim, the case generally must prove:
- The medical provider owed a duty of care to the mother and child
- The provider breached the accepted medical standard of care
- That breach directly caused the infant’s injury or condition
- The injury led to damages, including medical costs and long-term care needs
Common types of childbirth injuries:
- Hypoxia or anoxia: lack of oxygen to the brain
- Perinatal asphyxia: reduced blood or oxygen flow during delivery
- Shoulder dystocia: baby’s shoulder stuck during birth
- Brachial plexus injury: nerve damage to the arm and shoulder
- Caput succedaneum: swelling of the newborn’s scalp
- Facial paralysis: facial nerve damage often linked to forceps use
- Erb’s palsy: upper arm weakness or paralysis
- Klumpke’s palsy: lower arm and hand weakness or paralysis
How we handle your childbirth injury claim
At Souder Law, we begin by conducting a thorough medical and legal investigation into what happened during labor and delivery. This means carefully reviewing hospital records, fetal monitoring strips, medication logs, and emergency response timelines. We work closely with medical experts in obstetrics, neonatology, and nursing to identify where the standard of care was violated and how that failure directly caused your child’s injury.
Once we build a solid foundation, we aggressively move forward by holding every responsible party accountable, whether it’s the doctor, nursing staff, or hospital system. We prepare your case as if it will go to trial, putting maximum pressure on insurers to offer fair compensation. Our goal is to secure the financial resources your child needs for ongoing medical treatment, therapies, and long-term care, while protecting your family’s dignity and future.
Damages available in childbirth injuries
In childbirth injury cases, it is critical to identify every liable party, from the delivering physician to the hospital system, because multiple forms of negligence may have contributed to the harm. By holding all responsible parties accountable, families increase their chances of recovering the full compensation necessary to cover the lifetime costs of care. Building a strong claim requires clear proof of medical negligence and its impact on the child’s future.
With this in mind, compensation in childbirth injury claims may include:
- Medical expenses (past, present, and future)
- Rehabilitation and therapy costs
- Specialized medical equipment and home modifications
- Lost earning potential of the child
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Long-term care and support services
Florida’s NICA program for no-fault remedies
Florida has a unique state-run program called the Birth-Related Neurological Injury Compensation Association (NICA). NICA provides a no-fault remedy for certain catastrophic brain and spinal cord injuries caused during labor and delivery. If the case falls under NICA and the provider gives the required pre-delivery notice, the claim may be handled through the program instead of the courtroom. However, not all injuries qualify, and disputes often arise over eligibility. An attorney can help determine whether NICA applies to your case.
Steps to take immediately after childbirth injuries:
- Seek immediate medical evaluation for your child by qualified specialists
- Document all symptoms, treatments, and medical advice given
- Request and preserve complete medical records, including fetal monitoring strips
- Take photographs and notes of visible injuries or complications
- Avoid signing hospital or insurance documents without legal review
- Consult with an experienced childbirth injury attorney as soon as possible
- Preserve any communications with healthcare providers or insurers
- Act quickly to comply with Florida’s strict medical malpractice deadlines
Find out what your case is worth (at no cost)
Souder Law is a compassionate yet aggressive trial firm based in Jupiter and Palm Beach County, serving families across South Florida and the Treasure Coast. We know childbirth injuries can place overwhelming medical and financial burdens on your family. That’s why we work on a contingency fee basis: it costs you nothing to pursue justice, and we only get paid if we win. Contact us today for a free case review for childbirth injuries and let us fight for the full compensation your family and child deserve.
