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.
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.
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 an attorney 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 Maimi 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.
Schedule A Consultation
If you or a loved one have been the victim of negligence or misconduct, please do not hesitate to contact among the best attorneys Miami has available at Goldberg & Rosen today to receive expert guidance about your legal options, as well as a free and confidential case evaluation.
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