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Birth Injury Lawyer Miami FL

Birth Injury Lawyer Miami FL with a newborn babyYour new baby has finally arrived! Your anticipation has been building for nine months, and now that special day is here. This should be a joyous occasion. However, if you were prepared for a healthy new child, but not prepared for a child harmed or disabled by medical negligence,  you will likely need to turn to a Miami, Florida birth injury lawyer.

When a doctor or medical institution commits obstetric malpractice, they should be held accountable for the birth injury harm. Children and their families who have suffered damage or have witnessed the after-effects of a birth injury often need to seek justice through litigation for their harm, pain, and suffering. While financial compensation does not make up for the harm committed, it can go a long way toward helping children and families cope with the devastating aftermath of a birth injury.

Types of Birth Injuries

There are numerous types of birth and delivery injuries, including:

  • Erb’s palsy
  • Cerebral palsy
  • Shoulder dystocia
  • Pre-eclampsia
  • Hypoxia
  • Toxemia
  • Respiratory distress
  • Uterine rupture

Sometimes, these injuries can lead to permanent disability or even fatalities.

Pursuing Birth Injury Litigation

Birth injury cases are typically complex and often emotional litigations. When a newborn infant is the victim of negligence from doctors or hospitals, it may affect the rest of his or her life. The child and its parents should take the legal steps necessary to ensure that they are taken care of financially through a birth injury lawsuit.

An aggressive approach may be necessary. Doctors and hospitals are backed by insurance companies that retain a team of lawyers who are trained to argue that the medical providers were not negligent or at fault. While cases such as these can settle out of court, a Miami FL birth injury lawyer should still be prepared for trial. A birth injury lawyer who is prepared and ready to go to court can give your birth injury case a “leg up” in negotiating a reasonable settlement for you.

Choosing a Miami Birth Injury Lawyer

A qualified birth injury lawyer should be able to help parents obtain enough compensation to pay for all the expenses they need to raise a birth-injured child. These might include some of the following:

  • Lifelong medical therapies and treatments
  • Lost wages and earning potential (if parents are unable to work so they can remain at home to care for the child)
  • Assistive technology and medical devices
  • Personal care and lifestyle support
  • Home and vehicle modifications
  • Any other needs a birth-injured child may have throughout his or her life, including what will be needed after the parents have passed away

Attorneys who are dedicated and committed to birth injury law will have an extensive history of handling birth injury litigation. Birth injury lawyers fall under the legal umbrella of personal injury law. Some attorneys generalize or work in all areas of personal injury. Many birth injury attorneys do further specialize in specific injuries. While birth injury suits usually center on the child, many birth injury lawyers and also handle cases of catastrophic injury to the mother during the childbirth process, or can help if either mother or child is harmed by a defective product or medical device.

To find out more, schedule a consultation with a qualified and credentialed birth injury lawyer Miami FL parents recommend from the Law Offices of Needle & Ellenberg today.

We Can Help

Instead of celebrating the birth of your child with your family and friends, you are worried about finding a birth injury lawyer Miami FL parents trust. Unfortunately, this situation is more common than you may think. No matter what your baby’s birth injury is, the most important thing you can do may be to take legal action. You and your family deserve fair compensation for the pain and suffering you have had to endure.

Obtain the Proper Documentation

To help a skilled birth injury lawyer Miami FL offers build a strong case, it may be crucial to obtain the following documentation:

  • Your medical history, including any health conditions and medications taken during the pregnancy
  • Medical paperwork that includes information about your delivery, such as whether you delivered your baby vaginally or through a C-section
  • Names and contact information of the obstetrician and other medical staff who cared for your baby
  • Documentation about your child’s condition, including his or her birth defect and the type of care he or she will require

A birth injury lawyer in Miami FL may use this information to determine your chances of winning your case.

Obtain the Proper Documentation Infographic

Obtain the Proper Documentation

Medical Experts in Birth Injury Lawsuits

When a hospital or birthing center is negligent in adhering to the standard of care all expectant parents expect, newborns can end up with serious to severe birth trauma. This negligence can result in long-term or permanent disability to both the baby, as well as to the mother, depending on the extent of the negligence.

At Needle & Ellenberg, P.A., each Miami FL birth injury lawyer understands that the last thing distraught parents may be thinking about when their infants have sustained a birth injury is filing a malpractice case against those responsible. But it is critical to these cases that evidence be collected as quickly as possible following the birth in order to preserve the case.

This is where our firm can help. We can do all the investigation needed to build a case and get your family the financial justice you deserve, allowing you the time to take care of your baby.

Medical Experts

The first step a Miami FL birth injury lawyer will do in the investigation is to obtain all of the medical records that pertain to the pregnancy, labor, delivery, and post-delivery for both the mother and baby. These records are often key in proving the negligence and errors made by medical professionals in birth injury cases.

Another key step in your case will be choosing a medical expert who will identify the negligent actions and testify to jury the details of the negligence and how it contributed to the birth injury suffered by the baby. In some states, a birth injury lawyer is required to consult with a medical expert to review the medical records to determine if there was reason to believe that medical professionals were negligent or that a medical error occurred.

It is important that the medical expert your Miami FL birth injury lawyer chooses is recognized as an expert and is qualified in the area of medicine that is being addressed in the lawsuit. The medical expert will carefully examine the actions of all doctors, nurses, midwives, and any other medical professionals who were involved with the mother’s and/or infant’s care and treatment. The expert will compare their actions with the actions of standard medical practices standards in the area of medicine in question (i.e. obstetrics, pediatrics, etc.)

The medical expert will prepare a report of his or her findings and provide this report to the birth injury lawyer. This report may play a significant role in how the attorney proceeds and presents the case.

Instead of rejoicing over the birth of your new child with your loved ones as you probably expected, you are now scrambling to hire a birth injury lawyer Miami FL residents trust. Even though this is probably one of the more stressful and emotional times of your life, it is actually more common than you think. Regardless of the injury your baby sustained during birth, the most important thing you can do at this point may be to find a Miami birth injury lawyer you can trust to take legal action. Your family deserves adequate and just compensation for the suffering and hardship you have endured.

To aid in the case process and to assist your skilled birth injury lawyer Miami FL offers, it may be in your best interest to collect the following documents so you lawyer can build your case in the strongest manner possible:

  • Medical history documentation, including medications and health history throughout your pregnancy;
  • Delivery methods documentation, such as how you delivered your baby and if there were any complications;
  • Names and contact information for the entire medical staff that worked with you throughout your pregnancy; and
  • Documentation that explains your child’s current medical condition, defect, and the required care moving forward.

The type of seasoned birth injury lawyer Miami FL residents should look for can be found at the Law Offices of Needle & Ellenberg, P.A., and we can help you use the above information to create a strategic plan for your case and determine the possible outcomes for you and your family. If you’re looking for a birth injury lawyer in Miami FL, call the Law Offices of Needle & Ellenberg, P.A for your free consultation today.

During your initial consultation, it is highly advisable to come prepared with any and all questions you may have, so the kind of birth injury lawyer Miami FL residents trust can answer them for you. In addition, you should also be prepared to answer a good amount of questions yourself. You birth injury lawyer may want to know your side, and why you think the doctor who cared for you and your baby throughout the birthing process was negligent, as well as if you endured any complications or health issues during your pregnancy or labor. You lawyer may also want to know what your largest concerns are about the future medical needs and health of your child moving forward.

If you are concerned about the process or find yourself dealing with a good amount of stress, please find peace in knowing that this a common concern amongst many of our clients. Our lawyers have years of experience in dealing with birth injury cases, so you can feel comfortable and secure knowing you it is our highest priority to take care of your legal concerns in this difficult time for you. If you would like to speak with the type of experienced birth injury lawyer Miami FL is proud to have representing its community, call the Law Offices of Needle & Ellenberg, P.A at 877-810-2864 to schedule your free consultation.

Miami Birth Injury Statistics

According to the Centers for Disease Control and Prevention (CDC), each year, about 7 of every 1,000 babies are born with a birth injury in the U.S. This means that each year, approximately 280,000 babies are born with a birth injury. Birth injuries can be caused by a variety of factors, including:

  • Premature birth
  • Cephalopelvic disproportion (CPD), which is when the baby’s head is too large to fit through the mother’s pelvis
  • Forceps or vacuum extraction
  • Shoulder dystocia, which is when the baby’s shoulder gets stuck during delivery
  • Birth asphyxia, which is when the baby does not receive enough oxygen during delivery

Contact a Birth Injury Lawyer in Miami FL Today

If your baby suffered birth trauma and you suspect negligent medical care was the cause, contact a birth injury lawyer Miami FL families trust from Needle & Ellenberg, P.A. today. We will schedule a free case evaluation and determine what kind of financial compensation your family may be entitled to.

Make Sure Your Child Is Receiving the Best Care

While you are searching for a reputable birth injury lawyer Miami FL is proud to have in the community, make sure your baby is taken care of properly. During the initial appointment, don’t hesitate to ask the physician as many questions as possible. If you feel uncomfortable about the treatments or procedures he or she is suggesting, speak up. You have rights as a parent, and your baby deserves the best possible care.

Be Prepared to Answer Your Lawyer’s Questions

During your first consultation with a Miami FL birth injury lawyer, expect to answer a lot of questions. Your birth injury lawyer Miami FL respects will want to know why you believe the doctor who cared for your baby was negligent, and if you had any health concerns while you were pregnant. He or she will also wonder what your biggest concerns are about your child’s future health and medical needs.

Ask Your Lawyer Questions

After your birth injury lawyer has asked his or her questions, you should ask your own. For example, you will want to know how many medical negligence cases your lawyer has handled in the past and how he or she plans to prove that your obstetrician was negligent during your baby’s birth. Asking detailed questions about your lawyer’s skills and experience will help you determine if he or she is the right person to take your case.

If you are concerned about the cost of hiring a birth injury lawyer, you will be glad to know that most of these attorneys work on contingency fees. This means that an experienced birth injury lawyer Miami FL families rely on will only get paid if you win your case.

Common Signs Of Medical Negligence In Birth Injury Cases

For any family who experiences a birth injury, it can be a deeply difficult and traumatic experience. When these injuries are due to medical negligence, it’s natural to want answers. Medical errors can have a lasting impact on a child’s life, and recognizing signs of potential negligence can be the first step in seeking justice and compensation. We’ll go over some common indicators that may point to medical negligence in birth injury cases. Working with a Miami birth injury lawyer can help you determine whether you have a case and guide you through the next steps.

Delayed Or Incorrect Diagnosis
One of the initial signs of negligence in birth injury cases can be a delayed or incorrect diagnosis. This can occur if a doctor or medical team fails to detect complications during pregnancy or delivery. Proper monitoring is essential to identifying risks early on. When healthcare providers overlook these warning signs or misdiagnose conditions, the baby may suffer preventable injuries. In many cases, early intervention can make a significant difference, so an unaddressed issue may indicate that a healthcare provider didn’t take appropriate steps to protect the baby’s health.

Improper Use of Delivery Tools
During delivery, certain tools, such as forceps or a vacuum extractor, may be used to assist in the process. However, improper use of these instruments can lead to injuries like skull fractures, nerve damage, or brain injuries. Medical staff should be trained to use these tools correctly and to decide when they are actually necessary. If a tool is used in a way that seems excessive or inappropriate and results in an injury, this can be a red flag for negligence. A Miami birth injury lawyer can help investigate whether the use of these tools was handled appropriately during your child’s delivery.

Failure to Monitor Fetal Distress
For a healthy delivery, it is critical to monitor fetal distress. Fetal heart rate monitoring, for example, can signal issues that require immediate attention. If signs of distress, such as a sudden drop in heart rate, are ignored or missed by medical staff, this could lead to birth injuries. Proper monitoring allows the medical team to respond quickly, often by adjusting the course of delivery or opting for a cesarean section. Failure to take timely action in response to distress signals may indicate that the standard of care wasn’t met, and this failure can lead to severe and lasting injuries for the child.

Inadequate Response to Complications
Complications during birth are not uncommon, and medical teams should be prepared to respond to a variety of situations. Common complications include shoulder dystocia, umbilical cord issues, or breech birth. If these situations are not managed promptly and appropriately, they can lead to serious injuries. A lack of response to complications may be a sign of medical negligence, especially if the medical team failed to perform necessary interventions or delayed essential treatments. Families facing such circumstances often have grounds to explore legal options.

Medication Errors During Labor and Delivery
Errors involving medication, including incorrect dosages or administration of the wrong drugs, can also point to negligence. Medications are sometimes used during labor to help with pain relief or to speed up the delivery process. However, these medications must be carefully managed, as they can affect both the mother and the baby. Incorrect doses or improperly timed administration can lead to complications and injuries. When such errors happen, they may indicate that the medical team was not providing the appropriate care required in this sensitive period.

Seeking Justice For Birth Injuries Caused By Medical Negligence

Families can better understand whether their child’s injuries might be the result of substandard care by recognizing the common signs of medical negligence in birth injury cases. If you’ve noticed any of these issues in your own experience, you might have grounds to pursue legal action. Working with a Miami birth injury lawyer is one way to explore whether medical negligence played a role and what steps you can take next. Our team at Needle & Ellenberg, P.A. has over 46 years of experience and are available to provide the guidance you need to seek justice for your child’s injuries. Contact us today for a complimentary consultation and let us support you in this journey toward answers and accountability.

 

Needle & Ellenberg, P.A. 

1401 Brickell Avenue 9th Floor Miami, FL 33131