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.
On This Page:
What Are Birth Injuries?
Parents 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
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
Brachial plexus injury: These injuries affect the nerves that control a human’s arm and hand
Intellectual and developmental disabilities: These conditions often occur with other injuries like epilepsy or
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
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
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
- 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