Birth Injury

A birth injury can change the course of a child’s life, leaving families devastated and struggling to cope with emotional and financial burdens. When medical negligence during labor or delivery leads to a preventable injury, it is critical to hold healthcare providers accountable.

Upset woman in hospital bed with her hands over her face

Goldberg & Rosen: Compassionate Advocates for Families Affected by Birth Injuries

At Goldberg & Rosen, our birth injury lawyers in Miami specialize in representing families affected by birth injuries. Our compassionate and experienced attorneys are here to guide you through the legal process, fighting to secure the compensation you need to provide the best possible care for your child. Contact us today to schedule a complimentary consultation and learn more about how we can help.

Common Causes of Birth Injuries

Birth injuries can be the result of medical mistakes or negligence during pregnancy, labor, or delivery. Healthcare providers are responsible for monitoring both the mother and baby to ensure a safe delivery. However, failure to recognize warning signs or delays in treatment can lead to catastrophic outcomes. Examples of common causes of birth injuries include:

Failure to Monitor Fetal Distress: A baby’s heart rate and oxygen levels must be carefully monitored during labor. Failure to recognize and respond to signs of distress can result in brain damage or other serious injuries.
Delayed C-Section: In cases where a baby is in distress or labor complications arise, a timely C-section is often necessary. Delaying this decision can lead to oxygen deprivation or physical trauma.
Improper Use of Delivery Tools: Forceps and vacuum extractors must be used with precision. Incorrect use can cause skull fractures, nerve damage, or brain injuries.
Failure to Diagnose and Treat Conditions: Conditions such as maternal infections or gestational diabetes must be diagnosed and treated promptly to prevent complications during birth.

What Is a Birth Injury?

A birth injury occurs when a newborn suffers harm during labor or delivery, often as a result of medical negligence. These injuries can range from minor, temporary conditions to severe, permanent disabilities that require lifelong care. Some of the most common types of birth injuries include the following:

Cerebral Palsy: A neurological disorder caused by brain damage, often resulting from oxygen deprivation during labor.
Brachial Plexus Injuries (Erb’s Palsy): Damage to the network of nerves controlling the arm and hand, usually caused by excessive force during delivery.
Hypoxic-Ischemic Encephalopathy (HIE): Brain damage caused by a lack of oxygen during birth, leading to cognitive or motor impairments.
Fractures: Broken bones, such as collarbone or skull fractures, due to improper use of forceps or vacuum extractors.
Facial Paralysis: Nerve damage caused by the improper use of delivery tools.
Infections: Serious infections can occur when prenatal conditions like Group B strep or gestational diabetes are not properly diagnosed or treated.

Consequences of Birth Injuries

The impact of a birth injury can be lifelong, affecting not only the child but also the entire family. These injuries often require long-term medical care, therapy, and specialized equipment, placing a significant emotional and financial burden on the family.

Physical Impacts

Permanent Disabilities: Birth injuries like cerebral palsy or brachial plexus injuries can cause lifelong physical disabilities, requiring ongoing medical treatment and therapy.
Cognitive Impairments: Brain damage from oxygen deprivation can lead to developmental delays, learning disabilities, or motor skill impairments.
Respiratory Issues: Some birth injuries can result in ongoing respiratory problems, requiring specialized care and equipment.
Life-Threatening Conditions: In severe cases, birth injuries can lead to life-threatening conditions that require intensive, long-term medical care.

Emotional and Financial Impacts

Emotional Trauma: Families must cope with the emotional strain of caring for a child with disabilities, as well as the uncertainty about their child’s future.
Increased Medical Costs: Ongoing medical expenses for surgeries, physical therapy, occupational therapy, and specialized care can quickly become overwhelming.
Loss of Income: One or both parents may need to reduce work hours or stop working entirely to provide full-time care for the child.
Psychological Stress: The stress of dealing with a birth injury can have a lasting impact on the mental and emotional well-being of both the parents and siblings.

Long-Term Needs of Children With Birth Injuries

For many families, the challenges following a birth injury extend far beyond the initial diagnosis or early hospital stay. Children who suffer birth injuries – especially those resulting in cerebral palsy, brachial plexus injuries, or hypoxic-ischemic encephalopathy – often require long-term support to lead fulfilling lives. That care comes with significant emotional, logistical, and financial demands that evolve over time.

Education Support

One of the most critical long-term needs involves educational support. Children with physical or cognitive impairments may require individualized education plans (IEPs) to accommodate their learning challenges.

Sometimes, they may need to attend specialized schools with trained staff and adaptive curricula designed to meet their developmental needs. These services can be life-changing, but they also come at a cost, particularly when private resources are necessary.

Adaptive Technologies

Adaptive technologies also play a major role in enabling children to gain greater independence. Devices such as speech-generating tools, mobility aids, and customized communication software can significantly improve the quality of life. However, these tools often require regular upgrades, maintenance, and training – expenses that can add up quickly.

Different Forms of Therapy

Ongoing physical, occupational, and speech therapy may be necessary throughout childhood and into adulthood. Therapy is often not a short-term fix but a lifelong commitment, helping the child reach developmental milestones, build strength, and maintain functionality over time.

By seeking full compensation through a birth injury lawsuit, families can help ensure their child has access to the resources and support needed for a lifetime of care, growth, and dignity.

A Closer Look at Device-Related Injuries

When labor becomes complicated, doctors may turn to tools like forceps or vacuum extractors to assist with delivery. While these devices can be effective in skilled hands, improper use can result in devastating injuries to a newborn. Families deserve to understand how these tools work – and how negligence in their use can cause lasting harm.

Forceps

Forceps are metal instruments shaped like large spoons or tongs. They are inserted into the birth canal to guide the baby's head out during contractions. However, if used with too much pressure or at the wrong angle, forceps can cause skull fractures, intracranial bleeding, or facial nerve damage.

A baby may emerge with bruising or swelling, but the true extent of the damage may not be clear for days or even weeks. In more severe cases, these injuries can lead to permanent neurological impairment or facial paralysis.

Vacuum Extractors

Vacuum extractors use suction to help pull the baby through the birth canal. If not correctly positioned or if excessive force is applied, the suction can cause scalp lacerations, cephalohematomas (a collection of blood under the scalp), or intracranial hemorrhages.

These injuries can lead to complications such as seizures, brain swelling, or even developmental delays requiring long-term medical care. In some instances, surgical intervention may be necessary to relieve pressure on the brain or drain excess fluid.

When a birth injury results from the misuse of medical devices, it is not just a medical error – it’s a preventable tragedy. At Goldberg & Rosen, our birth injury lawyers in Miami work with medical experts to thoroughly review delivery records and device usage to identify whether proper procedures were followed.

If negligence played a role, we’ll fight to hold those responsible accountable for the pain and harm they caused.

Who Is Liable for Birth Injuries?

Determining liability for a birth injury requires a thorough investigation of the circumstances surrounding the pregnancy and delivery. Several parties may be held accountable, including:

Obstetricians and Delivery Doctors: The healthcare provider responsible for monitoring the health of the mother and baby during labor and delivery may be liable if they fail to take appropriate action in a timely manner.
Nurses and Medical Staff: Nurses play a critical role in monitoring both the mother and baby during labor. Failure to communicate problems to the doctor or administer medication correctly can lead to birth injuries.
Hospitals and Medical Facilities: Sometimes, the hospital may be responsible for system failures, understaffing, or improper training, contributing to a birth injury.

Proving Negligence in a Birth Injury Lawsuit

To successfully pursue a birth injury lawsuit, it must be proven that the healthcare provider’s negligence caused the injury. This involves demonstrating that the provider’s actions deviated from the accepted standard of care and that this deviation directly resulted in harm to the child. Our attorneys will help prove the following elements:

Duty of Care: The healthcare provider had a responsibility to provide care that met the accepted medical standard.
Breach of Duty: The provider failed to meet this standard by acting negligently or making errors during the pregnancy, labor, or delivery process.
Causation: The breach of duty directly caused the child’s birth injury.
Damages: The injury resulted in measurable harm, such as medical expenses, long-term care costs, pain and suffering, or lost wages.

Statute of Limitations for Birth Injury Lawsuits in Florida

In Florida, birth injury claims fall under the state’s medical malpractice laws. Generally, the statute of limitations is two years from the date the injury was discovered or reasonably should have been discovered.

However, special rules may apply in cases involving minors, allowing for a longer period to file a claim. It’s essential to consult with a personal injury attorney in Miami as soon as possible to ensure your claim is filed within the legal timeframe.

Types of Compensation in Birth Injury Cases

At Goldberg & Rosen, our birth injury lawyers in Miami understand the enormous financial burden that birth injuries place on families. We work tirelessly to secure the maximum compensation for medical expenses, long-term care, and the emotional toll these injuries take. Potential damages awarded include the following:

Medical Expenses: This includes surgeries, ongoing therapy, rehabilitation, and any future medical costs related to the injury.
Long-Term Care: Compensation for the cost of specialized care, including in-home nursing, therapy, or assisted living services.
Lost Wages: Compensation for parents who need to take time off work or stop working to care for their child.
Pain and Suffering: Compensation for the emotional distress and loss of quality of life caused by the injury.
Special Equipment and Modifications: Coverage for the costs of wheelchairs, home modifications, and other specialized equipment necessary for the child’s care.

Why Choose Goldberg & Rosen for Your Birth Injury Lawsuit?

At Goldberg & Rosen, we bring decades of experience and a deep understanding of medical malpractice law, specifically in handling complex birth injury cases. Our legal team has a proven track record of securing substantial settlements and verdicts for families who have suffered due to medical negligence. We work with top medical experts to thoroughly investigate each case, ensuring we build the strongest possible claim on your behalf. This dedication to excellence has made us a trusted name in birth injury litigation across Florida.

Our attorneys are experienced and compassionate advocates for the families we represent. We understand the emotional and financial toll that a birth injury can take on your family, and we are committed to providing personalized legal strategies tailored to your unique needs.

This client-centered approach means that you will have a dedicated legal team guiding you every step of the way, ensuring that your voice is heard and your case is handled with the care and attention it deserves. Choosing Goldberg & Rosen means choosing a firm that operates on a contingency fee basis, meaning you pay nothing unless we win your case. This ensures that our focus remains on securing the maximum compensation for your child’s medical care, therapy, and long-term needs.

Our extensive experience, compassionate representation, and proven success allow us to fight for justice for your family and hold negligent healthcare providers accountable. Contact us today to schedule your confidential, comprehensive, and complimentary consultation.

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FAQ Birth Injury Claims

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

It can be difficult for parents to determine whether a birth injury was the result of a medical mistake. Warning signs might include a traumatic or prolonged delivery, lack of oxygen at birth, immediate need for resuscitation, or delayed developmental milestones.

What should I do if I suspect a birth injury?

If you believe your child may have suffered a birth injury, it’s important to seek medical evaluations to determine the extent of the harm. At the same time, consult a birth injury attorney as soon as possible to preserve evidence and begin investigating your legal options.

How long does a birth injury lawsuit take?

The length of a birth injury lawsuit varies based on the complexity of the case, the availability of medical experts, and whether the case settles or goes to trial. Some cases resolve in a matter of months, while others may take a year or more.

Will filing a lawsuit affect my relationship with the hospital or doctors?

Pursuing legal action may feel intimidating, but your focus should be on your child’s well-being. Holding medical providers accountable not only helps your family, it may also prevent harm to others in the future.

Brachial Plexus Injury

A brachial plexus injury is a severe and often preventable birth injury that can result in long-term or permanent damage to a newborn's shoulder, arm, or hand. These injuries occur when the nerves in the brachial plexus, the network of nerves controlling movement and sensation in the arm, are stretched, compressed, or torn during delivery.

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Cerebral Palsy

Cerebral palsy is a life-altering condition that often results from complications during labor or delivery, many of which could have been prevented with proper medical care. When medical negligence contributes to your child’s diagnosis of cerebral palsy, it can leave you feeling overwhelmed and uncertain about the future.

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Cesarean Section Injury

A Cesarean section (C-section) is a common surgical procedure used to deliver babies when vaginal delivery poses a risk to the mother or child. While C-sections are often lifesaving, they also come with risks, particularly when medical errors or negligence occur during the procedure.

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Hypoxic Ischemic Encephalopathy

Hypoxic-ischemic encephalopathy (HIE) is a serious birth injury that occurs when a newborn's brain is deprived of oxygen and blood flow during labor and delivery. This condition can lead to severe, lifelong disabilities such as cerebral palsy, developmental delays, motor impairments, and cognitive challenges. For families affected by HIE, the emotional and financial toll can be overwhelming.

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Infant Death

The loss of an infant is an unimaginable tragedy that no family should ever have to endure. The pain and grief that accompany such a loss are profound and lasting. When that loss is due to medical negligence or malpractice, the sense of injustice can be overwhelming.

Explore Infant Death