Miami Birth Injury Lawyer

Birth Injury Lawyer Serving Miami, FL

After nine months of anticipation, your baby’s arrival should mark one of life’s most celebrated moments. Instead, you may find yourself grappling with an unimaginable reality, your child has suffered harm or disability because of medical negligence during delivery. This devastating turn transforms what should be pure joy into overwhelming confusion, grief, and uncertainty about your child’s future.

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
• Brachial plexus injuries
• Vacuum delivery injuries
• Injuries from a lack of oxygen
• Hyperbilirubinemia
• Kernicterus
• Cerebral palsy
• Retinopathy of prematurity
• Brain damage
• Blindness
• Paralysis
• Misdiagnosis of genetic and developmental defects in a fetus
• Misread ultrasounds
• Failure to perform necessary genetic testing in pregnant women

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

Pursuing Birth Injury Litigation

Birth injury cases are typically complex and emotionally charged 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 their parents should take the legal steps necessary to make sure 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 teams of lawyers trained to argue that the medical providers were not negligent or at fault. While cases such as these can settle out of court, our personal injury attorney will still be prepared for trial. A birth injury lawyer who is prepared and ready to go to court can give your malpractice case a “leg up” in negotiating a reasonable settlement for you.

Choosing a Birth Injury Lawyer

Our qualified birth injury lawyer can help parents obtain compensation to pay for the expenses of raising their injured child. These might include the following:

• Lifelong medical therapies and treatments
• Lost wages and earning potential (if parents are unable to work because they must 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.

When dealing with birth injuries, it’s essential to find an attorney who truly understands this area of law. Birth injury lawyers focus on cases where children suffer injuries during or after childbirth due to negligence or medical malpractice. These lawyers are a part of the broader field of personal injury law, but many choose to specialize in birth-related cases because of the unique challenges they present.

Some attorneys may have a general personal injury practice, meaning they handle various types of injury cases. However, those who focus specifically on birth injuries often have experience with certain scenarios. While most cases center around the child, it’s important to note that many birth injury lawyers also represent mothers who may experience serious injuries during childbirth. Additionally, they can help if either the mother or child has been hurt by faulty medical devices or products related to the birthing process.

If you’re looking for dedicated support in a birth injury case, consider reaching out to our qualified lawyers. For parents in Miami, the Needle & Ellenberg, P.A. has experienced birth injury lawyers who can provide valuable guidance and support. Scheduling a consultation could be a helpful first step in understanding your options and the legal process ahead.

Obtain the Proper Documentation

To build a strong case, our skilled Miami birth injury lawyer will need 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.

Our Florida malpractice attorneys may use this information to determine your chances of winning your case.

We Can Help

Instead of celebrating the birth of your child with your family and friends, you are worried about finding an attorney. 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 endured.

Birth Injury Infographic

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., our 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.

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

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 our 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. Our Miami birth injury attorney 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.

Birth Injury FAQs

Nobody wants to think about the possibility of their child being injured during birth, but it’s an extremely real risk that many parents have the misfortune of dealing with. You might be thinking that birth injuries are unavoidable, but unfortunately, that is not the case. People often confuse birth injuries with birth defects, which are inherently distinct. If you have questions about whether your child’s medical situation could be considered a birth injury (as opposed to a birth defect), please do not hesitate to connect with our experienced Miami, Florida birth injury lawyer today. Unfortunately, there are times when birth injuries occur and, to reduce their risk of liability, healthcare providers claim that these injuries are defects instead. We can help you bring clarity to your child’s situation and help you learn about any legal options you may be able to explore at this time.

What is the Difference Between a Birth Injury and a Birth Defect?

While they are often used interchangeably, each term refers to a specific circumstance during childbirth. A birth injury is commonly used to describe an injury to the child around the time of delivery, particularly an injury that was preventable. Birth injuries are typically caused by negligent medical caregivers, such as delivery doctors and nurses. Some birth injuries can be temporary, while others can leave a child with a permanent disability. A birth defect is something that the baby inherits through their parents’ DNA, which is often unavoidable. However, some birth defects can be caused by the actions of the mother, such as drug use during pregnancy.

What if My Doctor is at Fault?

When the medical professional who handled the birth of your child is at fault for an injury sustained during childbirth, you can hold that individual accountable by filing a lawsuit. There are a few different types of suits you can file, and it’s best to consult with our Miami, FL birth injury lawyer to find the best option for your case. Generally speaking, a medical malpractice suit is common for birth injury cases where the injury resulted from the negligence of the doctor, nurse, or other medical practitioner.

What is Medical Malpractice?

The standards of malpractice are typically set by the profession and dictate actions that fall outside the normal range of duties for healthcare professionals in various roles. For example, if a doctor prescribed a certain medication for a mother in labor without checking her medical history, and the baby is subsequently injured as a result, it could be considered medical malpractice.

How Can You Prove Medical Malpractice?

If you are considering filing a medical malpractice lawsuit against your healthcare provider, our Miami, FL birth injury lawyer can provide an in-depth case analysis and possible strategies. However, in most cases, the judge and/or jury will determine medical malpractice by examining the actions taken by your practitioner and comparing them to those of other experts and professionals within the field. If there is a significant discrepancy, it will generally be construed as medical malpractice.

If your child has suffered an injury during birth, even a temporary one, and the injury possibly resulted from the negligence of healthcare professionals, please call Needle & Ellenberg, P.A. today. We can help you explore your legal options after learning more about your child’s situation. You may find that working with our experienced Miami, Florida birth injury lawyer will allow you to make more informed and empowered decisions moving forward.

Needle & Ellenberg, P.A. – Miami Birth Injury Law Firm

3350 Mary St.
1st Floor
Miami, FL 33133

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 our 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. have 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.