Birth Injury Attorney Serving Stuart, Port St. Lucie, and the Treasure Coast

The birth of a child should be one of the happiest days of a family’s life. When something goes wrong in the delivery room, parents are often left with a child who needs lifelong care and with questions no one will answer. Some birth injuries cannot be prevented. Others happen because a doctor, midwife, nurse, or hospital failed to recognize warning signs or failed to act on them in time.

Phyllis Gillespie spent years as a critical care nurse before she became a lawyer. She knows how labor and delivery units are supposed to work, what the fetal monitoring strips should have told the care team, and how to read the nursing notes that often reveal what really happened. She represents families in Martin, St. Lucie, and Indian River counties and throughout Florida.

Common Birth Injuries We Investigate

• Hypoxic-ischemic encephalopathy (HIE): brain injury caused by a lack of oxygen or blood flow before, during, or shortly after birth.
• Cerebral palsy: a group of movement disorders that can result from oxygen deprivation or trauma around the time of delivery.
• Brachial plexus injuries (Erb’s palsy): nerve damage to the shoulder and arm, often linked to how a shoulder dystocia was handled.
• Skull fractures and bleeding in the brain from improper use of forceps or a vacuum extractor.
• Infections such as Group B strep or meningitis that were not tested for or treated.
• Kernicterus and other complications of untreated newborn jaundice.

How Birth Injuries Happen

Many birth injury cases come down to timing. Medical records may show that:

• Signs of fetal distress on the heart rate monitor were missed or not reported to the physician.
• A cesarean section was delayed after it became necessary.
• Preeclampsia, high blood pressure, gestational diabetes, or an infection in the mother was not properly managed.
• Labor-inducing medications were given or increased without proper monitoring.
• The newborn was not resuscitated or treated promptly after delivery.

Answering these questions requires a careful, minute-by-minute review of the fetal monitoring strips, medication records, and nursing documentation. That is work Phyllis does herself, alongside qualified medical experts.

Florida’s NICA Program and Your Child’s Case

Florida has a special program, the Florida Birth-Related Neurological Injury Compensation Association (NICA), that covers certain severe brain and spinal cord injuries caused by oxygen deprivation or mechanical injury during labor, delivery, or resuscitation. When a claim is covered by NICA, it is generally the family’s exclusive remedy, which means a traditional malpractice lawsuit may not be available. NICA coverage depends on factors such as the baby’s birth weight, whether the birth occurred in a hospital, and whether the delivering physician participated in the program.

Whether NICA applies is often the first question in a Florida birth injury case, and the answer affects everything that follows. Phyllis can help your family understand which path applies to your child.

Deadlines for Birth Injury Claims

Florida medical malpractice claims generally must be brought within two years of when the injury was discovered or should have been discovered, and no later than four years from the incident. For injuries to young children, Florida law allows more time in some cases, but the rules are complicated and evidence is easier to gather early. Please do not wait to get answers.

What Compensation May Be Available

A successful claim may help pay for medical care, therapy, adaptive equipment, home modifications, and lifelong support, as well as the pain and emotional harm your child and family have endured. Every case is different, and no attorney can promise a particular result.

Talk With Phyllis About Your Child’s Birth

If you have questions about what happened during your child’s delivery, call 772-238-6388 or send a message below for a free, confidential consultation. Medical malpractice cases are handled on a contingency fee basis: you owe no attorney’s fees unless there is a recovery, and if there is no recovery, you owe no fees and no case costs.