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Miami Birth Injury Lawyer | Florida 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 practitioner 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 by calling (305) 638-4143, if you or a loved one needs an experienced birth injury attorney in Miami.

At the Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, our legal team 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 only client, dedicating time and personal attention to every individual claim. When you need aggressive, strong, and trustworthy birth injury malpractice claim representation, count on us.

miami birth injury lawyers

Table of Contents

What is Considered a Birth Injury?

Birth injuries are any injuries to a baby that occur near or during the time of birth. According to the CDC, every 1,000 babies born, seven experience a birth injury. While many newborns experience minor injuries such as mild swelling or bruises, light scratches, and broken capillaries, a birth injury causes lasting effects that may be permanent.

Sometimes parents may wonder if head molding qualifies as a birth injury. It actually does not, because a misshapen head at birth, assuming there are no other medical issues, is quite common and does not hurt the baby. The bones are very flexible and the head should take on a rounder shape in the days following birth.

Common Birth Injuries in Florida

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: Traumatic brain injuries during childbirth can have lifelong consequences for the child, affecting their cognitive and physical abilities. These injuries often occur due to oxygen deprivation or physical trauma during delivery.
  • Brachial Plexus Injuries: Damage to the brachial plexus nerves, which control movement and sensation in the arms and hands, can occur during difficult deliveries. This may result in conditions such as Erb’s palsy or Klumpke’s palsy, causing weakness or paralysis in the affected arm.
  • Cerebral Palsy: Cerebral palsy is a group of neurological disorders that affect movement, posture, and muscle coordination. While not always caused by medical negligence, cerebral palsy may result from brain injuries sustained during childbirth due to oxygen deprivation or trauma.
  • Shoulder Dystocia: This obstetric emergency occurs when a baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery. If not managed properly by healthcare providers, shoulder dystocia can lead to nerve damage and other birth injuries.
  • Infection-Related Conditions: Infections contracted during pregnancy or delivery can pose serious risks to both the mother and the baby. Failure to diagnose or treat maternal infections promptly can result in birth injuries and long-term complications for the child.
  • Delivery Injuries: Improper or excessive use of delivery instruments such as forceps or vacuum extractors can cause significant harm to the baby during childbirth. These injuries may include lacerations, fractures, or soft tissue damage.

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.

Common Causes of Birth Injuries in Florida

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 medical 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
  • Prescription error

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.

Birth Injury Liability in Florida

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.

If you believe that your child has suffered a birth injury due to medical negligence, it’s essential to seek legal guidance as soon as possible. Flanagan & Bodenheimer is here to provide compassionate support and aggressive representation for you and your family. Our experienced birth injury attorneys will conduct a thorough investigation into the circumstances surrounding your case, working tirelessly to secure the compensation you deserve.

Wrongful Death Claims in Birth Injury Cases

Wrongful death claims stemming from birth injuries or labor and delivery complications involve holding healthcare providers accountable for their negligence, which resulted in the death of a newborn. These claims typically allege that the healthcare provider failed to adhere to the standard of care expected in similar circumstances, leading to the tragic loss of life.

Losing a child due to preventable birth injuries is a tragedy that no family should have to endure. While no amount of compensation can undo the pain of your loss, pursuing a wrongful death claim can help hold negligent healthcare providers accountable and provide a sense of justice and closure for your family.

Wrongful death in birth injury cases can result from a variety of factors, including:

  • Failure to monitor the mother and baby during pregnancy, labor, and delivery.
  • Delayed or improper diagnosis and treatment of maternal or fetal health conditions.
  • Misuse of delivery instruments such as forceps or vacuum extractors.
  • Failure to perform a timely cesarean section (C-section) when medically necessary.
  • Negligent handling of complications during childbirth, such as shoulder dystocia or umbilical cord issues.

Navigating a wrongful death claim in the aftermath of losing a newborn requires experienced legal guidance and support. Our experienced wrongful death attorneys will:

  • Conduct a comprehensive investigation into the circumstances surrounding your child’s birth and death.
  • Work with medical experts to establish the connection between the healthcare provider’s negligence and your child’s wrongful death.
  • Calculate the full extent of damages, including medical expenses, funeral costs, lost income, and the emotional pain and suffering endured by your family.
  • Handle all aspects of the legal process, including negotiations with insurance companies and litigation if necessary, to secure maximum compensation for your loss.

If you have lost a newborn due to birth injuries or labor/delivery complications, our law firm is here to help. Contact us at 305-638-4143 or complete our online form to schedule a free consultation.

How do I know if my child’s birth injury was caused by medical malpractice?

Determining if a birth injury was caused by medical malpractice requires a thorough investigation by experienced attorneys and medical experts. Signs of medical negligence may include failure to monitor the mother and baby properly, improper use of delivery instruments, delays in diagnosis or treatment, or other deviations from the standard of care.

What damages can my family recover after a birth injury?

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.

Is there a time limit for filing a birth injury lawsuit in Florida?

Yes, there is a statute of limitations for filing a birth injury lawsuit in Florida. Generally, you have two years from the date of the injury or discovery of the injury to file a medical malpractice claim. However, exceptions may apply, so it’s important to consult with an attorney as soon as possible to understand your legal options.

Can I file a birth injury lawsuit on behalf of my child?

Yes, as a parent or legal guardian, you have the right to file a birth injury lawsuit on behalf of your child. This is often done to secure compensation for the child’s medical expenses, ongoing care, and other damages resulting from the injury.

Will my case go to trial, or is there a chance for settlement?

While every case is unique, many birth injury cases are resolved through settlement negotiations before trial. However, if a fair settlement cannot be reached, our experienced trial attorneys are prepared to take your case to trial to fight for the compensation you deserve.

How much does it cost to hire a birth injury attorney?

At our firm, we understand that families dealing with birth injuries are already under significant financial strain. That’s why we work on a contingency fee basis, meaning you won’t pay any upfront fees, and we only collect a fee if we secure compensation for you through a settlement or verdict.

How can I get started with pursuing a birth injury claim?

To get started with pursuing a birth injury claim, schedule a free consultation with our experienced birth injury attorneys. During this consultation, we will review the details of your case, answer any questions you may have, and discuss the best course of action for seeking justice and compensation for your child’s injuries.

Free Consultation With a Florida Birth Injury Attorney

Don’t wait if you believe you have the elements of a birth injury lawsuit in Florida. An experienced birth injury lawyer will 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.

Our personal injury law firm has sought justice for clients throughout Florida. We proudly cater to a wide range of areas, including but not limited to Coral Gables, South Miami, Homestead, Aventura, Sunny Isles, Brickell, North Miami Beach, Kendall, Miami Gardens, Pembroke Pines, Cutler Bay, Hollywood, Boca Raton, and Fort Lauderdale.

Call (305) 638-4143 or fill out our online form to learn more about how we can help your case today.

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When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, obtaining attorney...

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Thank you all for your efforts, often in today's world, it seems everything is about money and people don't seem to care about others. I felt that this was not the case with you and I felt always that you had my best...


Michael Flanagan and his team were so supportive while handling my case. What I appreciated the most about working with Michael was his honesty and his no nonsense approach at getting the very best for his clients. I'm...

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