Miami Birth Injury Lawyer

Miami Birth Injury Attorneys

Serving Florida Families Since 1974

What should be a time of happiness and joy when a child is born can sometimes turn to tragedy. It is common for doctors to diagnose brain injuries in infants as cerebral palsy, which can manifest in permanent paralysis of the arms and/or the legs. Other effects include seizures, uncontrolled movement of arms or legs, rigid arms or legs, spasticity, quadriplegia, mental retardation, and other mental and physical inabilities.

From a legal perspective, it takes specialized training and experience to be able to identify cerebral palsy caused by a medical mistake as opposed to other complications of childbirth. At Rossman, Baumberger, Reboso & Spier, P.A., we have extensive experience in handling birth trauma and cerebral palsy cases where we have successfully obtained substantial recoveries on behalf of brain-injured children and their families. Our goal as birth injury attorneys in Miami is to help our clients to provide for the expensive, life-long medical care and treatment that their children will need. If your child has been diagnosed with cerebral palsy or some other injury and you suspect that it may have been caused by medical malpractice, call us for a free consultation and analysis of your case.

For compassionate and convenient service during a troubling time, don’t hesitate to call (305) 900-5493 or fill out our online form. Your first consultation is free and we can schedule same-day appointments.

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What Are Birth Injuries?

mother holding a babyParents can file medical malpractice claims when a medical professional causes any harm to their baby during or after their birth. Birth injuries can range in severity from relatively minor to serious, and many birth injuries result in permanent disability. Disabilities will fundamentally alter the way a child is brought up and can cost hundreds of thousands of dollars – even millions – in medical costs and other damages, especially if the child needs to be cared for throughout their life.

Some of the most common birth injuries are brain injuries, including cerebral palsy. On occasion, the negligence of a physician or other healthcare provider results in oxygen deprivation to a baby during pregnancy or labor and delivery. Often, this is a result of the failure to timely perform a C-section. Expectant mothers can be diagnosed with conditions such as abnormally high blood pressure, placental abruption, or fetal distress that require immediate attention, yet the performance of a C-section is unreasonably delayed. This delay could be the cause of injuries to the baby’s brain, resulting in permanent damage to the brain’s ability to control body movement and thinking. Unfortunately, this brain damage is usually permanent.

Other common birth injuries can include:

  • Clavicle fracture: These injuries are especially common in babies who were born breech.
  • Seizure disorders/epilepsy: These injuries can be caused by birth trauma, infection, or hypoxic-ischemic encephalopathy (HIE).
  • Brachial plexus injury: These injuries affect the nerves that control a human’s arm and hand movements.
  • Intellectual and developmental disabilities: These conditions often occur with other injuries like epilepsy or cerebral palsy.
  • Hypoxic ischemic encephalopathy: This type of injury is caused when an infant is deprived of oxygen or blood flow for a prolonged period of time, often resulting in brain damage.
  • Forceps injuries: Sometimes excessive pressure with forceps can cause serious bruising or marking on the infant.
  • Facial paralysis: Damage to an infant's facial nerves during labor can cause permanent facial paralysis of varying severity.
  • Cephalohematoma: This injury is caused by excessive or prolonged pressure on the infants head during labor; it can be caused by forceps, use of a vacuum extractor, or from the infant be pressed against the mother's pelvis during delivery.
  • Caput succedaneum: This type of injury refers to a swelling of the scalp in a newborn after delivery; it is most commonly caused by pressure from the uterus or vaginal wall during head-first delivery.

Because babies are extremely vulnerable, any kind of trauma can permanently injure them, inhibit their normal development, and even be fatal.

How Birth Injuries Occur

How do birth injuries occur infographic

Unfortunately, a majority of birth injuries are preventable and are caused by human error. Despite the medical advancements we’ve made as a society, doctors, nurses, and other medical professionals are human and are prone to making mistakes.

Birth injuries can be caused by the following types of negligence:

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

Why Do I Need a Lawyer?

You shouldn’t have to go into debt to pay for medical expenses after a birth injury, nor should you have to suffer emotionally. When a medical professional forever changes the life of your baby, you deserve to seek justice. An experienced birth injury lawyer in Miami, like the ones at our firm, can help you take legal action against at-fault parties to secure financial compensation.

Our team has over 200 years of combined legal experience that we can put to work for you. We’re able to use our resources and knowledge to gather medical records, calculate damages, and find a medical expert who can provide a testimony to aid your case.

The financial compensation we win for you can help pay for:

  • Medical treatments like surgeries and medications
  • Therapy and rehabilitation
  • Unexpected expenses as a result of the injury
  • Home care services, including costs of hiring a nurse
  • Emotional damages
  • Pain and suffering

You deserve to be healing with your family and focusing on your child’s medical care during this overwhelming time. Our case results speak to our level of competence and our commitment to obtaining optimal results – you can trust us to handle your case.

How Long After A Birth Injury Can You Sue?

The statute of limitations laws for birth injury claims in Florida can be complex, and may depend on several factors. In general, you have up to 2 years after the injury has occurred to file a birth injury lawsuit. However, if you are unable to discover the injury immediately, you may be allowed to file a lawsuit within 2 years of the discovery date (but not more than 4 years from the time the injury occurred), or when you should have reasonably discovered the injury.

A minor child may be allowed to file a birth injury lawsuit for their own injuries up until their 8th birthday, assuming the parents or guardians were unable to identify the injury prior to that date. This statute is called "Tony's Law" and only applies to children born after July 1, 1996.

Confused? Our birth injury lawyers can help you determine whether or not you still have time to file a case within the allotted timeframe.

What Is the Average Birth Injury Settlement?

Since every birth injury case is unique, it's impossible to cite an "average" settlement for this type of lawsuit. When determining how much your case is worth, our team will look at the following:

  • Medical expenses (for surgeries, medications, ongoing treatments, special care, etc.)
  • The cost of ongoing physical and developmental therapy for your child
  • The cost of installing devices and equipment that allow you to best care for your child and meet their needs
  • The emotional damages you and your child have experienced as a result of their birth injuries

You can rest assured that our team will fight to recover every penny you and your child deserve, and we will seek to set you up for a future where your child is well cared for and has the highest quality of life.

Our Miami birth injury lawyers offer statewide service we’re able to help you wherever you are in Florida when you call (305) 900-5493.

Recommended Reading

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