Fort Lauderdale Birth Injury Lawyer

Birth Injury Lawyer Fort Lauderdale, FL

Sadly, about one to two out of every 1,000 live births in the United States result in a birth injury, which often leads parents to reach out to an attorney. Our Fort Lauderdale, FL birth injury lawyer is committed to serving the community and helping families secure compensation for medical negligence cases. We have extensive experience handling birth injury cases, particularly those related to the improper use of forceps during delivery.

What to Know About Birth Injuries

Birth injuries refer to physical harm suffered by a newborn during labor or delivery due to medical negligence. While some birth injuries have the potential to heal quickly, others can result in lifelong disabilities that require extensive (and expensive) medical care. These injuries are often preventable and occur when healthcare providers fail to meet the standard of care.

A few common examples of birth injuries our firm has handled include:

• Cerebral Palsy: A neurological disorder caused by brain damage, often due to oxygen deprivation during delivery.
• Erb’s Palsy: A condition caused by damage to the brachial plexus nerves, leading to arm weakness or paralysis.
• Fractures: Broken bones during delivery, often due to improper use of forceps or vacuum extractors.
• Hypoxic-Ischemic Encephalopathy (HIE): Brain damage caused by a lack of oxygen to the baby’s brain.
• Spinal Cord Injuries: Severe trauma during delivery can lead to permanent disability.

At Needle & Ellenberg, P.A., we understand the profound impact these injuries have on families. Our attorneys are committed to holding negligent healthcare providers accountable. If your child has suffered from any of the above or any other form of birth injury, please call us today.

What Causes Birth Injuries?

Birth injuries often result from preventable errors made by medical professionals. Common causes include:

• Failure to Monitor: Neglecting to monitor the baby’s heart rate or the mother’s condition during labor.
• Delayed C-Section: Failing to perform a timely cesarean section when complications arise.
• Improper Use of Delivery Tools: Misusing forceps or vacuum extractors can cause severe trauma to the baby.
• Medication Errors: Administering incorrect medications during labor can lead to complications.
• Negligent Prenatal Care: Failing to identify or address high-risk conditions during pregnancy.

What’s at Risk?

A doctor may decide to use a vacuum or forceps to assist with a difficult delivery. The doctor needs help pulling the baby out and may not be able to get a good hold on the baby without these tools. If forceps are used properly and carefully, they’re mostly safe and shouldn’t cause any problems. However, if excess force is used to deliver the baby with forceps, birth injuries can occur. Injuries that would warrant a call to a birth injury lawyer include:

• Spinal cord injuries
• Shoulder dystocia
• Brain damage
• Cerebral palsy
• Erb’s palsy
• Brachial plexus injuries

If your baby experienced any of these conditions at or after birth, please call us to schedule a complimentary case evaluation.

Compassionate Representation

At Needle & Ellenberg, P.A., our attorneys are committed to providing compassionate and knowledgeable representation for parents dealing with the impact of a problematic delivery. We understand how overwhelming this situation can be, and our team is here to ease some of the emotional burden by handling all legal matters related to seeking justice. While no amount of compensation can undo the harm caused, securing financial restitution from those responsible can help address medical expenses and other related challenges. Rely on our Fort Lauderdale birth injury attorney to make sure you receive the support and resources you need.

Birth Trauma

Our lawyers understand a sad truth: medical malpractice during childbirth unfortunately is not uncommon. When such negligence leads to serious injuries or even death, it’s vital to hold the responsible medical professional accountable. If your child has suffered a spinal cord or cranial injury, our birth injury lawyers can advocate for you. With our help to build a strong case, we can help secure the financial compensation your family is owed.

Birth Injury Infographic

Delivery Injury

In today’s modern world, it can be difficult to understand how the delivery of a baby can go wrong. Not only is it possible, but all too often it results in permanent injury or even death. There are many reasons for this, including malfunctioning delivery room equipment, inadequate training, or even hospital policy. When you work with a birth injury attorney, discovering what went wrong will be a top priority. Your attorney from Needle & Ellenberg will also determine who was at fault and should be held accountable.

Hypoxic-Ischemic Encephalopathy

If your child suffered from a lack of oxygen to their brain during the delivery, they may be diagnosed with this type of brain injury. It can occur in several ways, and one of the most common is when the umbilical cord wraps around the baby’s neck. One reason why families choose Needle & Ellenberg to represent them is because in cases like these, we work closely with medical experts in building a solid case. Expert testimony can help the court understand what happened and how the physician should have prevented the tragedy from occurring.

Brachial Plexus Palsy

When the nerves near the clavicle, otherwise known as the brachial plexus, are damaged during the birth process, the baby may sustain injuries affecting their controlled movements. This can result in them experiencing the loss or reduction of movement in their shoulder, hand, arm, or fingers. Our attorneys can call on medical experts to form an independent opinion as to who is responsible for causing the condition to develop. The at-fault party should be responsible for paying damages.

Forceps Delivery

If your child experienced injury during childbirth, our attorney can help your family get the compensation you deserve. The right medical staff and proper equipment are essential for a smooth delivery, especially if there are complications. Some complications require the use of specialized tools, and you should be able to count on your healthcare provider to use these tools properly.

The Risks of Forceps Delivery

Sometimes, your baby needs a little extra help. In certain cases, your healthcare provider may need to use forceps to deliver your child. Forceps are a specialized tool designed specifically for an infant’s head. When used properly, forceps fit around the baby’s head and are used to guide the baby if the mother is unable to push enough. The doctor should be pulling on the forceps in time with the mother’s contractions. Forceps are oftentimes necessary and used frequently to assist in cases in which a mother can’t push a baby all the way out, especially if the baby’s health depends on a fast delivery.

Forceps-assisted deliveries are nothing new. However, like all other medical procedures, a forceps delivery requires communication, preparation, and competence to go smoothly. This means having a medical professional on hand who has plenty of experience with forceps deliveries, and a medical team that communicates when forceps are needed. If your healthcare professional is improperly trained, your baby may sustain injuries during birth. This can include superficial scratches and minor facial injuries, but improper use of forceps can also result in eye damage, skull fractures, and even seizures. Childbirth requires the utmost care, and the results of an improperly trained or prepared medical staff can be life-threatening. While nothing can fully make up for injuring your child, a birth injury lawyer can help you secure compensation.

Contacting a Birth Injury Lawyer for Forceps Injuries

Childbirth demands the highest level of medical expertise and care. While forceps deliveries are routine procedures, they require skilled healthcare providers who can proceed through a delivery without causing harm. When medical professionals fail to meet these standards, the consequences can be devastating, particularly when their negligence results in preventable birth injuries that may affect your child for life.

If your child suffered injuries during a forceps delivery or any other birthing procedure, you have every right to feel betrayed by those you trusted most during such a vulnerable time. Medical incompetence during delivery is not just a breach of trust; it can fundamentally alter your child’s future.

You shouldn’t bear the burden of medical negligence alone. Birth injuries caused by improper forceps use or other delivery mistakes deserve accountability and compensation. Our experienced Fort Lauderdale, FL birth injury lawyer at Needle & Ellenberg, P.A. understands the profound impact these injuries have on families. We’re here to help you pursue the justice and financial support your family needs to move forward. Contact us today to discuss your case and learn how we can advocate for your child’s rights.

Can Birth Injuries Be Prevented?

Birth injuries can be prevented, especially those caused by the use of forceps or vacuums. If the doctor knows it’s going to be a difficult birth, or if a normal birth turns difficult, they can elect to do a C-section to safely remove the baby. If the mother doesn’t want a C-section unless there is no other option, she should be informed of the risks associated with forceps and vacuums, and the doctor using the tools should have been properly trained to reduce the risk of injury. If forceps are used and your baby suffers a birth injury, it’s not your fault. You should get help from our Fort Lauderdale birth injury lawyer to lessen the stress of what comes next when seeking legal action against the doctor.

What Legal Action Can You Take?

A great option you have is contacting a birth injury lawyer as soon as possible. If the birth injury was caused by a doctor, you may work with your lawyer to file a medical malpractice case. You may be awarded compensation to help pay for medical bills, rehabilitation services, and extra care for your child. Our attorney may also be able to ask for loss of enjoyment of life compensation for your child if they are permanently disabled. Our experienced lawyers know exactly what you may be eligible for and how to file your claim. If your baby was injured at birth due to forceps or any other mistake made by the doctor, you aren’t alone. Call Needle & Ellenberg, P.A. today to consult with our experienced birth injury lawyer at 877-810-2864.

Can I Sue if My Doctor Withheld Information About My Baby’s Birth Injury?

There are few situations in life more stressful than learning that your child has been injured in a significant way. This reality is often particularly stressful for brand new parents, who are understandably at a loss as to how to best help their newborn babies who have been injured during the birth process. Unfortunately, a great deal of misinformation and missing information tends to exacerbate the overwhelmed feelings that many parents experience as they navigate the aftermath of their babies’ birth injuries. However, it’s important to understand that you have a right to information about how your child’s injury occurred. If you don’t feel that your physician and/or medical facility is being forthright, please consider contacting our Fort Lauderdale, FL birth injury attorney about obtaining the access you’re entitled to under the law.

One of the reasons why it’s so important to speak with a birth injury lawyer if you believe misinformation or missing information may be playing a role in your child’s situation, is that if your care team failed to disclose important information about your child’s circumstances, you may be able to file a malpractice claim related to that behavior. Sometimes information is withheld unintentionally, but sometimes critical medical information is withheld so that medical providers may reduce their risk of being held accountable for missteps. If your child was injured during the birth process and not all relevant information related to that situation was immediately disclosed, your care team may be trying to cover their tracks. Speaking with our experienced Fort Lauderdale, FL birth injury lawyer will help bring clarity to your family’s situation. Depending on the circumstances leading up to your child’s injury, you may be able to file a claim related to your provider’s negligent care in addition to his or her failure to disclose information about the situation in question.

When you schedule a consultation with an attorney, make sure to provide as much detail about your child’s circumstances as you can. It may take time to shed light on everything that went wrong on the date of your child’s injury, but an experienced attorney will work hard to get to the bottom of the situation.

When Medical Providers Don’t Disclose Birth Injuries

Birth injuries often remain hidden in the first days or weeks after delivery. A paralyzed arm from forceps trauma may not become evident until a baby fails to reach developmental milestones. Brain injuries might only surface months later as cognitive delays. This delayed presentation means parents must rely on medical professionals to identify and communicate any injuries that occurred during birth, making it particularly devastating when doctors choose to stay silent about what they know.

Why Doctors Withhold Critical Information

Medical providers may conceal birth injury information for several troubling reasons. In some cases, doctors avoid telling expectant mothers about potential birth defects, fearing the information might influence pregnancy decisions. This controversial practice has sparked heated debate and prompted several states to consider legislation requiring full disclosure of fetal health conditions.

More commonly, however, doctors hide birth injuries to protect themselves from liability. When a physician realizes their negligence has harmed a child, perhaps by administering incorrect oxygen levels or using excessive force during delivery, they may choose silence over accountability. Rather than allowing parents to make informed decisions about their child’s care and their legal options, these doctors gamble that the injury won’t be traced back to their actions.

The Legal Implications of Concealment

Withholding information about a birth injury constitutes medical negligence. Doctors have both an ethical and legal obligation to inform parents about their child’s medical condition, regardless of how that condition arose. When they fail in this duty, they compound their original error with a breach of trust that denies families crucial early intervention opportunities.

Taking Action After Discovery

If you suspect your child suffered an undisclosed birth injury, consulting with a birth injury lawyer becomes essential. Our attorneys have the tools to uncover the truth through comprehensive medical record reviews and expert analysis. They can determine when an injury occurred, identify responsible parties, and build a case even when doctors refuse to acknowledge their role.

Your attorney will serve as both investigator and advocate, helping you understand your rights and pursue accountability for those who failed your child twice, first through negligence, then through concealment. While confronting medical professionals about withheld information presents challenges, experienced legal representation levels the playing field and helps families secure the answers and compensation they deserve.

Common Myths About Birth Injuries

The birth of a child is one of the happiest moments of a parent’s life. However, the event can turn into a nightmare if the infant was injured during the labor and delivery process. Here are some common birth injury myths you should know about.

• If my doctor told me he or she didn’t cause the birth injury, this is the truth. Unfortunately, many doctors aren’t quick to assume responsibility for causing birth injuries. If your doctor tries to reassure you that he or she didn’t cause your child’s injury, don’t be so quick to believe it. Even if a doctor has many years of experience and highly specialized training, he or she is still capable of making errors.
• My child’s injury is too minor to file a lawsuit. Some birth injuries might not seem that severe in the beginning, so parents might not think they can justify a lawsuit. However, even a seemingly minor injury can result in high medical bills and affect a child for years to come. It’s important to discuss your legal options with an attorney as soon as possible.
• Birth injuries are the same as birth defects. Birth injuries and birth defects are frequently used interchangeably. However, they’re very different from one another. Birth defects are genetic abnormalities that typically can’t be prevented, while birth injuries often result from negligence. Common causes of birth injuries include failure to detect maternal infections, lack of oxygen to the baby’s brain, and careless use of forceps.
• The doctor couldn’t have done anything different. It’s true that labor and delivery always come with risks. However, mistakes during the labor and delivery process can typically be avoided if the doctor and other medical staff use extra caution. Don’t avoid seeking legal action because you assume the doctor couldn’t have done anything differently.
• Birth injuries are impossible to prove. Some parents are reluctant to take legal action because they assume medical negligence is impossible to prove. Although birth injury cases aren’t easy to prove, they aren’t impossible either. It’s important to have a qualified birth injury lawyer on your side who can help you gather necessary evidence and locate key witnesses. He or she will also know how to negotiate with insurance companies.

Hypoxic-Ischemic Encephalopathy

Childbirth demands exceptional medical expertise and vigilance. When healthcare providers lack proper training, preparation, or competence, both mother and baby face serious risks, including hypoxic-ischemic encephalopathy (HIE), a devastating form of brain damage that can alter a child’s entire life.

Though HIE affects only 1.5 out of every 1,000 births, its impact can be catastrophic. This condition results from oxygen deprivation to the infant’s brain during delivery, potentially causing permanent neurological damage or, in the most severe cases, death. While some instances of HIE stem from unavoidable complications, others directly result from medical negligence, failures that proper care could have prevented.

The Causes of HIE

Multiple factors can contribute to HIE development. Natural risk factors include maternal obesity, multiple pregnancies (twins or triplets), and a history of premature births. High-risk pregnancies involving pre-existing medical conditions or maternal lifestyle factors like smoking or alcohol use also increase HIE likelihood.

However, many HIE cases arise from medical failures during labor and delivery. When healthcare providers neglect to monitor fetal distress signals, miss critical warning signs, or respond too slowly to complications, oxygen deprivation can occur. These preventable errors transform what should be a joyful occasion into a lifetime of challenges for affected families.

The Critical Window for Prevention

Trained medical professionals know that HIE often presents warning signs that allow for intervention. A low APGAR score (measuring appearance, pulse, grimace, activity, and respiratory effort) immediately after birth signals potential problems requiring urgent action. Prompt response includes diagnostic imaging like MRIs and CT scans, followed by therapeutic cooling treatment that can minimize brain damage while restoring proper oxygen flow.

These interventions work best within a narrow timeframe. Medical teams who miss this window, whether through inattention, inadequate training, or poor decision-making, may bear responsibility for the resulting injuries.

Seeking Justice for Your Child

When medical negligence contributes to your child’s HIE diagnosis, you deserve answers and accountability. The trust you placed in your medical team came with reasonable expectations of competent, attentive care. Their failure to meet these standards has consequences that extend far beyond the delivery room, affecting your child’s development, your family’s finances, and your peace of mind.

Our Fort Lauderdale, FL birth injury lawyer can investigate whether your child’s HIE resulted from preventable medical errors. Through thorough case review and expert consultation, legal professionals can identify lapses in care and pursue appropriate compensation for your child’s ongoing needs. This support helps families secure resources for specialized therapies, adaptive equipment, and long-term care while holding negligent providers accountable for their actions.

Your child’s HIE diagnosis marks the beginning of a challenging journey, but you don’t have to face it alone. Legal advocacy can provide both financial relief and the closure that comes from understanding what went wrong, and holding those responsible to account.

Common Types of Birth Injuries

Medical malpractice happens when a medical professional fails to uphold the medical standard of care. The medical standard of care is a medical professional’s duty to administer the same level of care that any professional in the same field would provide. When this doesn’t happen, birth injuries can result. Victims and families may be left to contend with significant damages that could leave a lifelong impact. Our Fort Lauderdale, Florida birth injury lawyers have represented cases involving several types of common birth injuries babies may experience from malpractice, including:

• Brachial plexus injuries
• Bone fractures
• Spinal cord injuries
• Swelling of the scalp
• Cerebral palsy
• Brain damage

There’s an endless list of ways a newborn can sustain injuries from medical negligence. In addition to this, mothers can also experience injuries when they don’t receive proper treatment.

Signs That Your Baby Is Injured

Sometimes, injuries may not be evident at first, and it may appear as though everything is fine. In other situations, complications may seem apparent, but the severity of injuries may not be evident. As a result, lack of treatment can only make matters worse. Parents should make every effort to recognize signs that there is a problem. Common things that may indicate a newborn has been injured include:

• Difficulty sucking, swallowing, or eating
• Low levels of oxygen
• Stiff muscles
• Poor muscle tone
• A lack of reflexes
• High-pitched cries
• Arching of the back when crying
• Excessive irritability

Parents who notice something may be wrong should trust their intuition and advocate for their baby’s needs. For many, it’s only natural to put faith in the medical professionals administering treatment, which is why issues can go untreated.

Common Labor and Delivery Injuries 

There are procedures and processes in place that all medical personnel should follow before, during, and after delivery to ensure that both mother and baby are safe. But these precautions aren’t always adhered to, and the result can be a serious injury to the mother. Some of these preventable injuries include:

• Failed cesarean surgery
• Fractures
• Hemorrhaging or heavy uterine bleeding
• Incorrect suturing
• Infections
• Nerve damage
• Preeclampsia and eclampsia
• Rupture of the uterus
• Vaginal fissures, lacerations, and tears

Long-Term Consequences of Preventable Birth Injury

Our Fort Lauderdale, FL birth injury lawyers know that many of these injuries can have long-term, if not lifetime, effects on a woman’s life. Hemorrhaging after delivery can cause a woman’s blood pressure to drop. If that drop goes unnoticed, the mother can suffer a heart attack or stroke, leaving her with possible permanent brain damage or even death.

Uterine injuries can have devastating consequences, leaving a woman without bladder control and causing painful sex. These injuries often have a significant impact on a woman’s life, affecting her relationship with her partner, her self-esteem, and overall quality of life.

Birth Injury Glossary

At Needle & Ellenberg, P.A., we understand the profound impact a birth injury can have on a family. As experienced Fort Lauderdale, FL birth injury lawyers, we’re dedicated to supporting families seeking justice for harm caused by medical negligence during labor or delivery. Below, we outline key terms commonly used in birth injury cases to help you better understand the legal process.

Birth Injury

A birth injury occurs when a newborn suffers harm during labor or delivery, often due to medical errors or negligence. These injuries can include spinal cord damage, cerebral palsy, or Erb’s palsy, sometimes caused by improper use of tools such as forceps or vacuum extractors. For example, a family might seek legal guidance if excessive force during delivery caused their child to experience permanent physical or neurological damage. Proving a birth injury case often involves demonstrating that the healthcare provider’s actions directly led to the harm.

Brachial Plexus Injury

Brachial plexus injuries occur when the nerves near the neck and shoulders, which control movement in the arms and hands, are damaged. This injury can happen during difficult deliveries, particularly when excessive force is used or when tools are improperly applied. A child suffering from this injury may have limited mobility or paralysis in the affected limb. Families often consult legal professionals to determine if the injury resulted from medical negligence and to seek compensation for necessary treatments and long-term care.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a serious condition involving brain damage caused by a lack of oxygen and blood flow to the brain during delivery. Common causes include umbilical cord complications, prolonged labor, or delayed cesarean sections. The consequences of HIE can be severe, leading to developmental delays, motor skill impairments, or lifelong disabilities. Families who believe that prompt medical intervention could have prevented this condition often turn to a birth injury lawyer for assistance in pursuing justice and resources for their child’s care.

Informed Consent

Informed consent is the obligation of healthcare providers to explain the risks, benefits, and alternatives of medical procedures so patients can make informed decisions. In the context of birth injuries, if a doctor fails to properly inform a patient about the potential risks of using forceps during delivery, and the baby suffers preventable harm, the lack of informed consent can be grounds for a legal claim. This term underscores the importance of transparency and communication in medical care.

Standard of Care

The standard of care refers to the level of treatment that a reasonably competent healthcare provider would offer under similar circumstances. In birth injury cases, demonstrating that the medical team failed to meet this standard is a key part of proving negligence. For example, if a doctor failed to recommend a cesarean section despite clear indications of fetal distress, their actions might be considered a breach of the standard of care, warranting legal action.

Birth injuries can have lasting effects on both children and their families, but you don’t have to face these challenges alone. At Needle & Ellenberg, P.A., we’re committed to helping families in Fort Lauderdale pursue justice and secure the resources they need for their child’s future. Contact us today to learn more about how we can support you in your case.

Initial Steps to Take

If your baby was injured or worse, medical negligence might have been present. The first step toward moving forward will be to speak with a lawyer who has experience in this area of practice. Working with The Needle & Ellenberg, P.A. will be imperative, as we’ll review the case and determine what happens next. In addition to legal guidance, our team also has extensive resources available to help achieve the best outcome possible. Start by scheduling a consultation with our birth injury lawyer to gain the necessary support.

What Sets Us Apart

When your family faces the challenges of a birth injury, you need experienced and compassionate legal representation. At Needle & Ellenberg, P.A., we bring decades of experience and a proven track record of success in birth injury cases.

Our founding partners Andrew Needle and Andrew Ellenberg are recognized leaders in medical malpractice law, with numerous accolades, including Best Lawyers in America. We offer free consultations and work on a contingency fee basis; unless we recover compensation for your family, you won’t ever see a bill from us.

Our Fort Lauderdale birth injury lawyer is dedicated to securing justice and the resources your family needs to move forward. Reach out to us to learn more about our firm and our approach during a free consultation.

Let Us Advocate for You

If you or your child has suffered a birth injury due to medical negligence, don’t wait to seek legal help. Florida law imposes strict deadlines for filing medical malpractice claims. Contact Needle & Ellenberg, P.A. today to schedule a free consultation with our experienced Fort Lauderdale birth injury lawyer.

Let us help you hold negligent healthcare providers accountable and secure the compensation your family deserves. Call us now or visit our office to learn more about how we can assist you.