Miami Birth Injury Attorney
Birth injuries are a subsection of medical malpractice law. A parent may be able to file a medical malpractice claim against an obstetrician, gynecologist, or other healthcare practitioners in Miami for negligently causing a preventable birth injury to mother or child. It is every physician’s duty to act within the best interests of patients. Failure to do so, resulting in a serious birth injury, is grounds for a lawsuit. Contact us today if you or a loved one needs legal representation for a birth injury claim in Miami.
Why Choose Us
Flanagan Personal Injury & Wrongful Death Law Firm, P.A. is committed to pursuing compensation for any damages incurred due to a birth injury. We proudly accept difficult and complex cases other law firms reject. We treat each client like our first, dedicating time and personal attention to every individual claim. When you need aggressive, strong, and trustworthy birth injury claim representation, count on us.
Types of Birth Injuries
A newborn can suffer a variety of birth injuries in unsafe gestation, labor, and delivery conditions. If a physician puts mother or child at an unreasonable risk of injury during any stage of the pregnancy, victims may have the right to file medical malpractice claims. Although the list of potential birth injuries is long, the following most commonly result in injury claims:
- Infant brain injuries and related conditions, such as cerebral palsy
- Brachial plexus injuries
- Erb’s palsy
- Klumpke’s palsy
- Shoulder dystocia
- Infection-related conditions
- Delivery injuries
Contact a lawyer after a physician diagnoses your child with any type of birth-related injury or illness. You have nothing to lose during a free, no-obligation consultation with a medical malpractice attorney. You may learn your family has grounds to file an injury claim against the OB/GYN, nurse, hospital, birthing center, or another party for a preventable birth injury.
Causes of Birth Injuries
Human error is the number one cause of birth injuries. Most birth injuries are preventable with due care and proper medical attention. Making the following mistakes can cause a preventable birth injury:
- Failure to diagnose and treat maternal conditions (e.g. gestational diabetes or infections)
- Labor and delivery injuries, such as broken bones
- Misdiagnosis/failure to diagnose umbilical cord issues
- Failure to carry out correct delivery procedures
- Failure to order and/or perform an emergency cesarean section
- Misuse of birth-assisting tools such as forceps and vacuums
- Failure to treat conditions such as jaundice
Birth injuries happen when physicians and other parties fall short of the accepted standards of patient care. If you believe this happened to you and your child, contact an attorney to discuss your potential rights to compensation.
Who Is Liable?
In most birth injury cases, the physician in charge of infant delivery is liable for damages. However, the party (or parties) at fault for causing the preventable harm will be the one financially responsible to the plaintiffs. This could be the delivery-room nurse, surgeon, assistant, or the birthing center. Identifying the liable party is one of the services our malpractice attorneys provide.
What Damages Can You Recover?
If your birth injury claim is successful, you could recover the costs of you and your child’s past and future medical expenses, lost wages from missed time at work, lost quality of life, physical pain, emotional suffering, and mental anguish. You could also receive punitive damages if the courts believe the defendant is guilty of gross negligence.
Contact Us Today
Don’t wait if you believe you have the elements of a birth injury lawsuit in Florida. Contact our attorneys and request a free legal consultation. We’ll discuss your case over the phone or visit your home or hospital if you can’t make it to our Miami office. You and your family could be eligible for significant compensation in the face of medical malpractice. Call (305) 638-4143 to learn more about your case today.