Miami Birth Injury Lawyer

Miami Birth Injury Attorney

Birth injuries can leave children and their families financially overwhelmed and emotionally drained. A birth injury can result in life-long injuries that require ongoing care, as well as emotional pain and suffering. A Miami birth injury lawyer can discuss the effects of birth injuries, help you get justice, and seek compensation to make sure your child’s lifetime needs are met.

Steps to Take After a Miami, Florida Birth Injury

Obtaining appropriate medical care and protecting your legal rights is important to make sure your family has a positive outcome following a birth injury. You can take the following steps after an injury during the birth of your child:

• Seek immediate care from medical professionals to make sure your child gets the necessary treatments and an appropriate diagnosis.
• Collect and keep all relevant medical records.
• Document all treatment, symptoms, and your child’s progress.
• Consult an experienced Miami personal injury attorney to determine possible next steps.
• Discuss the relevant statute of limitations for your case.
• Address all possible options for compensation.

Proving Negligence in Miami Birth Injury Cases

Successfully navigating a Florida birth injury case requires proving that a healthcare provider’s negligence caused the birth injury – that without the provider’s actions (or inactions), the injury to the child would not have occurred. It’s a complicated area of the law, but an attorney who is familiar with birth injury law can help navigate the process.

To prove negligence in a birth injury case, an attorney can build a strong case that includes the following:

• Duty of Care – healthcare providers must provide a standard level of care during the labor and delivery of all children in Florida. An attorney must prove that the healthcare provider (a doctor, nurse, or another member of the medical staff) had a required duty to provide reasonable medical care to both the child and the mother.
• Breach of Duty – once we have established an owed duty of care, an attorney can argue that the healthcare provider breached this duty and failed to follow the accepted standard of care or that they performed their work erroneously during the birth.
• Causation – if the healthcare provider breached their duty, an attorney can argue that this breach directly caused the injury at the time of the child’s birth. This typically requires a medical expert to provide testimony about how the specific Florida provider’s actions breached the standard of care required and directly caused the injury.
• Damages – an attorney can build a strong case by documenting the financial, emotional, and physical impact of the injury, which includes gathering medical bills, evidence of continued care being necessary, and demonstrable pain and suffering.

An attorney can work side-by-side on a birth injury case with you to prove that a healthcare provider’s negligence resulted in an injury to your child. With our experience and dedication, we can help make sure you get complete compensation for the damages you incurred.

Attorneys Handle a Variety of Birth Injury Cases

Our Miami attorneys have experience with these types of complex cases, including (but not limited to) the following:

• Mismanaged labor – if a provider fails to properly assess the child’s and the mother’s vital signs, does not act when fetal distress is noted, or delays any labor decisions, such actions can often lead to birth injuries.
• Improper medical tool use – if a provider does not appropriately use vacuum extractors, forceps, or other tools during the delivery of a child, it can cause serious harm to a baby.
• Failure to timely perform a C-section – if there were signs of fetal distress or other complications, failing to perform a C-section in a timely manner can cause major consequences.
• Monitoring and care errors – if the mother and baby are not closely monitored during both labor and delivery, negligent monitoring can result in delayed emergency interventions and life-long birth injuries.

This list is not exhaustive, and if you think your family has experienced a birth injury, it’s important to speak with an attorney right away. An attorney can work with a medical expert to argue that your specific healthcare provider’s actions (or inactions) were the direct cause of your child’s birth injuries. Healthcare providers in Florida should be held accountable for any harm they may have caused.

Some Common Florida Birth Injuries

Injuries caused by healthcare actions (or inactions) can range from mild to quite severe. They often have life-long consequences for both the involved child and their family. Some of the more common birth injuries include the following:

• Cerebral Palsy (CP) – is a neurological disorder that affects someone’s ability to maintain balance, move, and coordinate muscles, and it can be the result of a lack of oxygen during delivery or labor trauma.
• Erb’s Palsy – is a form of injury involving the brachial plexus, which occurs when nerves in the hand, shoulder, or arm are damaged. This can happen with excessive force being used during delivery, like shoulder dystocia (if a baby’s shoulder gets stuck within the mother’s pelvic bone).
• Hypoxic-Ischemic Encephalopathy (HIE) – is a brain injury that can occur when a child’s brain doesn’t get sufficient oxygen and blood flow during delivery, which can lead to motor impairments, developmental issues, and delays, and severe neurological disorders.
• Birth Asphyxia – is when insufficient oxygen occurs during childbirth, which can result in organ failure, brain damage, or even death and typically occurs as a result of improperly used delivery tools, extended labor, or umbilical cord problems.
• Spinal cord injuries – Neonatal spinal cord injuries are often manifest as severe weakness or immobility, diminished reflexes, intermittent or halted breathing, and minimal response to pain. They are uncommon yet can result from difficult deliveries.
• Intracranial hemorrhages – this is also known as brain bleeds, which is a traumatic condition that can happen if blood accumulates.
• Traumatic brain injuries – A traumatic brain injury (TBI) during childbirth refers to brain damage that occurs due to complications during the delivery process. This type of injury can result from situations such as life-threatening emergencies or prolonged and strenuous labor, which may place excessive stress on the newborn and lead to significant neurological harm.

This list does not include every potential birth injury. Consequently, if you believe your family may have a claim, you should consult with an attorney as soon as possible. Every one of these injuries at birth can be catastrophic, and they are often preventable with appropriate care from involved medical professionals.

Seeking Compensation for Birth Trauma in Florida

In Miami Florida, birth trauma compensation means demanding appropriate financial compensation for a child whose injuries were sustained before, during, or directly after childbirth. The goal of recovery is to address the financial, bodily, and emotional effects of the birth injury. Financial recovery and compensation can include:

• Economic compensation for medical bills (both past, current, and future)
• Rehabilitation
• Home accommodations/modifications
• Lost wages
• Life-long care and ongoing support
• Past and future needs
• Non-economic compensation for pain and suffering

The amount of financial recovery depends typically on the severity of the injury, the negligence of the healthcare providers, and the injury’s impact on the specific child and their family.

If a healthcare provider’s negligence led to a birth injury for someone in your family, a legal professional can seek compensation to comprehensively support your child. Contact us for an initial consultation so we can answer any questions you might have.

FAQs

What Is the Statute of Limitations to File a Birth Injury Case in Miami, Florida?

In Florida, the statute of limitations (or deadline) to file a birth injury case is generally two years from the date of the injury. Filing after that deadline could bar financial recovery for a claim. There are some exceptions to this deadline, and an experienced Miami attorney familiar with these types of cases can address any questions you may have about filing deadline concerns.

What Does “Tony’s Law” Mean in Florida?

The deadline to file a birth injury case generally is two years; however, Florida’s “discovery rule” permits a claim to be filed no later than four years after the injury date if it wasn’t reasonably discoverable earlier. This is often referred to as “Tony’s Law.” Due to Tony’s Law, a medical malpractice case may be filed until the child turns eight years old. A knowledgeable attorney can further discuss how Tony’s Law might impact your filing deadlines.

What Is a Birth Injury Payout?

A birth injury payout is the financial recovery given to a family whose child suffered from a preventable accident during childbirth. Compensation is typically provided through a legal claim for medical treatment costs, accommodations, therapy, and other life-long medical needs following the injury.

The amount awarded usually depends on the extent of the injury, the future needs of the child, medical care costs, pain and suffering, and negligence of the providers involved. Consult an attorney to discuss payouts further.

What Is the Average Amount of Birth Trauma Compensation in Miami, Florida?

In Florida, the average amount recovered for birth injuries varies and depends on the case specifics, including:

• Injury type and severity
• Medical expenses
• Therapy, as needed
• Assistive equipment and devices
• Non-economic (emotional) damages for the child and family

To pursue a claim for birth trauma, speak with a skilled Florida attorney. Florida also has a Birth Injury Fund available to provide benefits for children with life-long neurological injuries.

Contact Us to Discuss Your Birth Injury Case

If you need help with a complex birth injury case in Florida, an experienced Miami attorney can answer any questions you might have. Birth trauma cases are highly complicated and should be handled by an experienced Florida attorney who has successfully resolved cases just like yours.

To learn more about a claim involving Miami birth injuries, contact the Law Office of Alexander Alvarez today to set up a free initial consultation.

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