305.444.7675
Do I have a case? Español Careers Attorney Referrals
305.444.7675 Schedule a Consultation

Birth Injury Overview

Fighting for Birth Injury Compensation

Unfortunately, 6 out of 1,000 infants born in the US suffer serious birth injuries, such as developmental disorders, fractured bones, and neurological disorders, as per data collected by the CDC. The winning birth injury attorneys in Miami at The Alvarez Law Group have successfully fought all types of birth complications and birth injury lawsuits over the years. Our dedicated birth injury lawyers in Florida have the necessary experience, knowledge, and resources to bring your case to a successful resolution. 

What Are Some Common Causes of Birth Injuries in Miami?

Birth injuries can occur for several reasons, which might constitute medical malpractice. Here are a few causes of injuries that are more likely to qualify for a successful birth injury lawsuit against negligent medical providers in Florida:

  • Improper monitoring of fetal heart rate
  • Improper use of assisted delivery devices
  • Failure to perform neonatal resuscitation 
  • Improperly performed medical procedures
  • Delayed cesarean section when it was an emergency
  • Improper diagnosis or delayed diagnosis
  • Incorrect or improper drugs administered to the mother
  • Poor quality or defective delivery room equipment and devices
  • Not following correct medical protocol, rules, and procedures
  • Communication failure with the patient, caregivers, or inter-disciplinary medical professionals
Person cupping their hands over their face

Serious Birth Injuries in Florida Medical Facilities

When hospitals and delivery room doctors fail to follow proper procedures and protocols, serious birth injuries can occur. These include:

  • Nerve damage and paralysis can occur in both the mother and the baby because of negligence
  • Cerebral palsy is common in infants as a result of oxygen asphyxia
  • Brachial plexus injury usually manifests as numbness, paralysis, pain, and disfigurement in the infant’s arm
  • Erb’s palsy results from brachial plexus injury
  • Shoulder dystocia refers to a condition in which the newborn’s arm gets trapped during labor
  • Lack of oxygen or oxygen asphyxia can result in serious brain damage
  • Wrongful death may occur because of a doctor’s negligence or misinformation

Signs and Symptoms of Birth Injuries in Mother and Infants

Recognizing the signs and symptoms of birth injuries in both mothers and infants is critical for early intervention and potential legal action. While some injuries are immediately apparent, others may take time to surface. 

Common signs in infants may include:

  • Lack of movement or weak reflexes
  • Excessive crying or high-pitched screams
  • Seizures or difficulty breathing
  • Misshapen head or swelling
  • Poor feeding or trouble sucking

Signs in mothers may include:

  • Excessive bleeding (hemorrhage)
  • Infection or fever after delivery
  • Nerve damage causing numbness or pain
  • Pelvic organ prolapse
  • Emotional trauma or PTSD symptoms

How Do I File a Birth Injury Claim in Miami?

Birth injuries fall within the scope of obstetrical malpractice or medical malpractice in Florida. Malpractice is said to occur when a delivery room nurse, physician, obstetrician, or any other healthcare provider breaches the established medical standard of care owed under the circumstances. 

You or your birth injury lawyer in Miami has the burden to prove injuries, damages, and negligence in these lawsuits as with all other Florida personal injury claims. A resourceful attorney may try to prove one or more of the following to establish a breach of duty by the physician:

  • Failing to diagnose low blood pressure, diabetes, preeclampsia
  • Failing to detect oxygen asphyxia or fetal distress
  • Failing to recommend a C-section after assessing the risks of vaginal delivery
  • Failing to test for serious medical conditions, including birth defects
  • Failing to provide accurate and thorough information about potential birth defects
  • Failing to prevent perineal tears by performing an episiotomy

These are a few actions that may qualify as a breach of duty:

  • Incorrectly inserting an epidural
  • Excessively tugging on the infant’s shoulder during delivery
  • Prescribing medication that is dangerous for the unborn child
  • Inducing labor at an inappropriate time

You need to prove causation as well, which refers to linking the doctor’s breach of duty to the injuries sustained. You won't have a valid claim for the newborn injuries if the doctor did not do anything wrong. Likewise, if you did not suffer any real harm, even if the doctor may have made a mistake, you won't have a valid claim. You need to show that the mistakes made by the doctor contributed to or caused the injuries suffered by the child.

Banner media

What Is the Statute of Limitations for Birth Injuries in Florida?

Medical malpractice cases are required to be filed within 2 years of the doctor’s error as per Florida Revised Statutes §95.11. The problem is that certain birth injuries are not as readily apparent until later in life. Fortunately, to cover such claimants, the statute of limitations begins from the day the injury was discovered or should have been reasonably discovered.

In any case, the extension doesn’t typically extend to more than 4 years from the date of the doctor’s error unless you rely on Tony’s Bill. Parents can file a birth injury malpractice lawsuit till the child turns eight under this law.

How to Recover Damages Through a Birth Injury Lawsuit?

Medical mistakes may leave a baby with life-threatening consequences that may be expensive and permanent. These are a few costs that can be covered through a Florida medical malpractice claim:

  • Hospital bills
  • Child’s medical expenses
  • Home adjustments for accommodating a debilitating lifelong condition
  • Pain and suffering
  • Childcare costs
  • Lost wages

Who Can Be Held Responsible for a Newborn Birth Injury?

A newborn birth injury can have devastating and life-altering effects, and identifying who is responsible is crucial for seeking justice and compensation. In the state of Florida, including Miami, various parties could potentially be held responsible, depending on the circumstances leading to the injury.

Medical malpractice is often a key issue. This could involve doctors, nurses, or other healthcare providers who may have acted negligently during pregnancy, labor, or delivery. These professionals have a duty to provide a certain standard of care, and if their conduct falls below this standard, resulting in injury, they may be held accountable. In addition to individual practitioners, hospitals and health systems could also bear liability, particularly if they employed the individual who committed the malpractice, or if institutional policies contributed to the harm.

However, liability could potentially extend beyond medical professionals. For instance, if a pharmaceutical company produced a drug that was unsafe for pregnant mothers and this led to a birth injury, they might be held responsible. Similarly, manufacturers of faulty medical equipment used during delivery might also bear liability if their products contribute to a birth injury.

In summary, the parties who could be held responsible for a newborn birth injury in Miami, Florida include:

  • Obstetricians: Responsible for the overall management of the pregnancy, labor, and delivery.
  • Nurses: Involved in providing care, monitoring the mother and baby during labor, and assisting with delivery.
  • Anesthesiologists: Responsible for administering anesthesia during childbirth if necessary.
  • Midwives: If involved in the birthing process, they may also be held responsible.
    Medical Facilities:
  • Hospitals: The facility where the birth took place may be held responsible for the actions of its employees and ensuring proper protocols are followed.
  • Clinics: If the birth occurred in a clinic setting, the clinic and its staff could be liable for any negligent actions.

Other Potential Parties:

  • Pharmaceutical Companies: If a birth injury was caused by a medication prescribed during pregnancy or labor, the pharmaceutical company manufacturing the drug might be held responsible.
Office media
Office media
Office media
Office media

Choose a Dedicated Miami Birth Injury Lawyer to Protect Your Rights

Errors made during pregnancy or the birthing process can quickly ruin a highly joyous occasion and turn it into a tragedy. The top-rated Miami birth injury attorneys at The Alvarez Law Firm have helped numerous injured victims obtain their rightful financial compensation from negligent medical providers.

We can provide strategic and compassionate legal representation you require to hold the negligent healthcare professional accountable for your baby’s injuries. Call us today at 877-445-7675 or use our online contact form to schedule a free and confidential consultation with one of our seasoned Miami medical malpractice lawyers.

Birth Injury FAQs

Why are birth injuries serious?

What should I do if I suspect my child has a birth injury?

What makes some pregnancies high-risk?

Are birth defects the same as birth injuries?

How long does it usually take to resolve a birth injury case?

Do birth injuries always result from medical malpractice?

How do I prove negligence in a birth injury case?

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

Why are birth injuries serious?

Birth injuries can lead to lifelong physical, cognitive, or developmental challenges for a child and emotional and financial strain for the family. In severe cases, these injuries may require ongoing medical care, therapy, or specialized education.

What should I do if I suspect my child has a birth injury?

Start by seeking a medical evaluation to understand your child’s condition. Then, contact a qualified attorney like The Alvarez Law Firm to review your case and determine whether negligence may have played a role.

What makes some pregnancies high-risk?

Factors such as maternal age, preexisting health conditions (like diabetes or hypertension), multiple pregnancies (twins, triplets), and past pregnancy complications can all contribute to a high-risk pregnancy.

Are birth defects the same as birth injuries?

No. Birth defects typically develop before birth due to genetic or environmental factors, while birth injuries usually occur during labor or delivery and often result from complications or medical errors.

How long does it usually take to resolve a birth injury case?

Each case is unique, but birth injury claims can take several months to a few years to resolve, depending on the complexity, the extent of injuries, and whether the case settles or goes to trial.

Do birth injuries always result from medical malpractice?

Not always. Some birth injuries occur naturally, even with proper medical care. However, if a provider’s actions or inactions contributed to the injury, it may qualify as medical malpractice.

How do I prove negligence in a birth injury case?

You’ll need to show that the medical provider owed you a duty of care, breached that duty, and caused injury as a result. Our team can help gather medical records, expert opinions, and other evidence to build a strong case.

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

Most birth injury attorneys, including those at The Alvarez Law Firm, work on a contingency fee basis. This means you don’t pay anything upfront, and legal fees are only collected if you win your case.

Let’s talk about your case.

Schedule a Consultation
Contact us media