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Helping Clients Throughout Florida Since 1974 Miami Birth Injury Lawyer

Miami Birth Injury Attorneys

Over $900 Million Recovered. Serving Florida Families Since 1974.

What should be a time of joy can sometimes turn to tragedy. Birth injuries range from conditions that resolve on their own to permanently disabling diagnoses that reshape a family’s entire future. Brain injuries, including cerebral palsy and hypoxic-ischemic encephalopathy (HIE), are among the most serious. Other effects include seizures, uncontrolled limb movement, rigid muscles, spasticity, quadriplegia, intellectual disabilities, and other lasting cognitive and physical impairments.

Identifying whether a birth injury was caused by medical error requires legal and medical training. At Rossman, Baumberger, Reboso & Spier, P.A., we have handled birth trauma and cerebral palsy cases for over 50 years, securing substantial recoveries for brain-injured children and their families, including a $15 million birth injury verdict. If your child has been diagnosed with cerebral palsy, HIE, a brachial plexus injury, or another birth injury you suspect may have been caused by medical malpractice, we want to help. Legal services are available in English and Spanish.

Call our Miami birth injury attorneys at (305) 900-5493 or fill out our online form. Consultations are free, and we offer same-day appointments.

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When you trust your case to our firm, we take time to understand your situation and build a strategy tailored to your circumstances. That client-centered approach is one reason we’ve been able to obtain multimillion-dollar verdicts and settlements for the families we represent.

What Are Birth Injuries?

Parents can file medical malpractice claims when a medical professional causes harm to their baby during or after birth. Birth injuries range from relatively minor to permanently disabling, and many result in lifelong conditions that fundamentally alter a child’s development. The financial toll on families can reach hundreds of thousands to millions of dollars in medical costs and ongoing care.

Brain injuries, including cerebral palsy, are among the most common serious birth injuries. Physician negligence that results in oxygen deprivation during pregnancy or labor is a leading cause. Often, this stems from a failure to perform a timely C-section. When an expectant mother is diagnosed with conditions such as abnormally high blood pressure, placental abruption, or fetal distress, prompt intervention is critical. An unreasonable delay can cause permanent brain damage affecting a child’s ability to control movement and cognitive function.

Other common birth injuries include:

  • Clavicle fracture: Especially common in babies born breech.
  • Seizure disorders/epilepsy: Can be caused by birth trauma, infection, or HIE.
  • Brachial plexus injury: Affects the nerves controlling arm and hand movement.
  • Intellectual and developmental disabilities: Often occur alongside epilepsy or cerebral palsy.
  • Hypoxic-ischemic encephalopathy: Caused by prolonged deprivation of oxygen or blood flow to the infant’s brain, often resulting in permanent damage.
  • Forceps injuries: Excessive pressure with forceps can cause serious bruising or injury to the infant.
  • Facial paralysis: Damage to facial nerves during labor can cause permanent paralysis of varying severity.
  • Cephalohematoma: Caused by excessive or prolonged pressure on the infant’s head during labor, whether from forceps, a vacuum extractor, or contact with the mother’s pelvis.
  • Caput succedaneum: Swelling of a newborn’s scalp, most commonly from pressure during head-first delivery.

Because newborns are extremely vulnerable, any trauma can permanently injure them, disrupt normal development, or prove fatal.

Many signs don’t appear immediately at birth. Conditions such as cerebral palsy may only become apparent through missed developmental milestones in the months or years that follow. If you notice any of the signs below, consulting a Miami birth injury attorney is the right next step.

Common signs of birth injuries include:

  • Paralysis or partial loss of movement in specific body parts
  • Seizures
  • Muscle spasms
  • Difficulties with speech or understanding language
  • Challenges with swallowing
  • Impaired vision or hearing
  • Cognitive disabilities, including intellectual disability and developmental delays

Birth injuries can also produce physical conditions such as facial palsy, Erb’s palsy, and brachial plexus injuries.

How Birth Injuries Occur

Despite significant medical advances, many birth injuries are preventable. They result from human error by physicians, nurses, or other members of the care team.

Common forms of negligence that cause birth injuries include:

  • Improper use of delivery instruments like forceps
  • Failing to detect umbilical cord issues
  • Not performing a C-section or performing one improperly
  • Failing to treat jaundice in a newborn
  • Failing to sterilize medical equipment, which can cause infection
  • Neglecting proper fetal heart rate monitoring
  • Mishandling medications

Liability can extend beyond the delivering physician to include nursing staff and the hospital or facility where the birth occurred. Identifying every responsible party is critical to pursuing full compensation for your family.

Why Miami Families Choose Rossman, Baumberger, Reboso & Spier, P.A. for Birth Injury Cases

Birth injury cases are among the most complex medical malpractice claims an attorney can handle. They require distinguishing preventable negligence from unavoidable complications, retaining qualified medical experts, and calculating damages that extend decades into the future. Our team brings over 200 years of combined attorney experience to this work, and our results reflect it.

We have secured multimillion-dollar verdicts and settlements for families throughout Florida, including a $15 million birth injury verdict. Our firm’s total recoveries exceed $900 million across all practice areas, built over more than 50 years of representing Florida families in serious injury and medical malpractice cases. Evan S. Abel, a Board Certified Civil Trial Lawyer on our team, is among the attorneys who handle these claims.

When you come to us, our collaborative team gathers medical records, calculates the full scope of damages, and retains the medical experts your case requires. No two birth injury cases are alike, and we don’t treat them that way. We handle cases in English and Spanish and offer free consultations with same-day appointments available for Miami families who need to act quickly.

Our Case Results

  • $34 Million Product Liablity | Severed Hand
  • $20 Million Product Liability
  • $18 Million Boating Accident
  • $15 Million Birth Injury
  • $12.5 Million FELA (Federal Employers' Liability Act)
  • $12 Million Medical Negligence

Recognized In Our Community

Why You Need a Birth Injury Lawyer

You shouldn’t have to go into debt to pay for medical expenses after a birth injury. When a medical professional permanently alters your child’s life, you have the right to pursue justice and financial compensation. Our birth injury lawyers handle these claims on a contingency basis, meaning you pay no attorney fees unless we recover compensation for you.

The financial compensation we pursue on your behalf can help pay for:

  • Medical treatments, including surgeries and medications
  • Therapy and rehabilitation
  • Unexpected expenses caused by the injury
  • Home care services, including the cost of hiring a nurse
  • Lost wages for parents who reduce or stop working to care for their child
  • Emotional damages
  • Pain and suffering

Our case results reflect our commitment to pursuing every dollar our clients may be entitled to seek. With over 200 years of combined legal experience on our team, we gather medical records, calculate damages, and retain the medical experts needed to build the strongest possible case for your family.

How Long After a Birth Injury Can You Sue in Florida?

The statute of limitations for birth injury claims in Florida depends on several factors. Under Florida §95.11(4)(b), you generally have two years from the date the injury was discovered, or reasonably should have been discovered, to file a medical malpractice claim. In most circumstances, claims can’t be filed more than four years from the date of the injury itself, even if discovery came later.

Tony’s Law provides an important extension for Miami families and families throughout Florida. It allows parents of children born after July 1, 1996, to file a birth injury lawsuit until the child’s eighth birthday, provided the parents didn’t know and couldn’t reasonably have known the injury was caused by negligence. Florida also requires a mandatory pre-suit process under §766.106: before filing suit, you must serve a notice of intent to initiate litigation, after which the defendant has 90 days to respond. This pre-suit period tolls the statute of limitations.

Waiting too long risks losing the right to file entirely. Our birth injury law firm can help you determine whether you still have time and what steps need to be taken now to preserve your claim.

What Is the Average Birth Injury Settlement?

Because every birth injury case is unique, there is no reliable “average” settlement figure for this type of claim. The long-term cost of caring for a child with a serious birth injury can reach into the millions over a lifetime. When evaluating what your case may be worth, we look at:

  • Medical expenses for surgeries, medications, ongoing treatments, and specialized care
  • The cost of physical and developmental therapy
  • The cost of adaptive devices and equipment
  • Lost wages for parents who reduce or stop working to provide care
  • Emotional damages you and your child have experienced as a result of the injury

Our team can fight to recover compensation you and your child may be entitled to seek and to pursue resources that support your child’s care and quality of life.

Our Miami birth injury attorneys offer statewide service. Contact us online or call (305) 900-5493 wherever you are in Florida. Consultations are free.

Our Testimonials

What Our Clients Think

  • "I still cannot thank you and your team enough"
    Good morning Sir! Well today would have been my official retirement day from Amtrak had things not gone the way they did. I still cannot thank you and your team enough for all you did for me. I hope you had a joyous Thanksgiving and you and all those you hold dear have a safe and prosperous holiday season. You are a good man Mr. Spier, don’t you ever forget it.
    - Anonymous
  • "Truly felt blessed knowing you had my best interest..."
    Words can’t express the gratitude I have for the entire entourage, thank you all so much for everything. Truly felt blessed knowing you had my best interest in your heart and treating my family like your own. Danny, enjoy retirement, you deserve it…don’t be surprised if I occasionally reach out from time to time. That’s again.
    - Greg, Krissi & Family
  • "Best Attorney I Know!"
    Howard Spier and his firm worked diligently to get me what I deserved on my cases!
    - Tevin S.
  • "You and your staff have forever changed our lives and it will never be forgotten."

    You and your staff have forever changed our lives and it will never be forgotten.

    - Garrett E. Rankin
  • "It meant so much knowing we had a team of people supporting us, that we could trust!"
    It meant so much knowing we had a team of people supporting us, that we could trust!
    - Stephen and Valerie
  • "I couldn’t be happier with how our case was handled."
    I couldn’t be happier with how our case was handled.
    - Alexandra C.
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Rossman, Baumberger, Reboso & Spier, P.A. Rossman, Baumberger, Reboso & Spier, P.A.
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9155 S. Dadeland Blvd., Suite 1200
Miami, FL 33156
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