Miami Birth Injury Attorneys

Serving Florida Families Since 1974

What should be a time of happiness and joy when a child is born can sometimes turn to tragedy. It is common for doctors to diagnose brain injuries in infants as cerebral palsy, which can manifest in permanent paralysis of the arms and/or the legs. Other effects include seizures, uncontrolled movement of arms or legs, rigid arms or legs, spasticity, quadriplegia, mental retardation, and other mental and physical inabilities.

From a legal perspective, it takes specialized training and experience to be able to identify cerebral palsy caused by a medical mistake as opposed to other complications of childbirth. At Rossman, Baumberger, Reboso & Spier, P.A., we have extensive experience in handling birth trauma and cerebral palsy cases where we have successfully obtained substantial recoveries on behalf of brain-injured children and their families. Our goal as birth injury attorneys in Miami is to help our clients to provide for the expensive, life-long medical care and treatment that their children will need. If your child has been diagnosed with cerebral palsy or some other injury and you suspect that it may have been caused by medical malpractice, call us for a free consultation and analysis of your case.

For compassionate and convenient service during a troubling time, don’t hesitate to call our Miami birth injury lawyer at (305) 900-5493 or fill out our online form. Your first consultation is free and we can schedule same-day appointments.

On This Page:

• What Are Birth Injuries?
• How Do Birth Injuries Occur?
• Why Do You Need a Birth Injury Lawyer?
• How Long After A Birth Injury Can You Sue?
• What Is the Average Birth Injury Settlement?
• Recommended Reading

When you trust your case to our firm, we will get to know you and your situation and develop a strategy that is tailored to your specific circumstances. This client-centered approach is just one of the factors that has helped us obtain multimillion-dollar verdicts and settlements for our clients.

What Are Birth Injuries?

Parents can file medical malpractice claims when a medical professional causes any harm to their baby during or after their birth. Birth injuries can range in severity from relatively minor to serious, and many birth injuries result in permanent disability. Disabilities will fundamentally alter the way a child is brought up and can cost hundreds of thousands of dollars – even millions – in medical costs and other damages, especially if the child needs to be cared for throughout their life.

Some of the most common birth injuries are brain injuries, including cerebral palsy. On occasion, the negligence of a physician or other healthcare provider results in oxygen deprivation to a baby during pregnancy or labor and delivery. Often, this is a result of the failure to timely perform a C-section. Expectant mothers can be diagnosed with conditions such as abnormally high blood pressure, placental abruption, or fetal distress that require immediate attention, yet the performance of a C-section is unreasonably delayed. This delay could be the cause of injuries to the baby’s brain, resulting in permanent damage to the brain’s ability to control body movement and thinking. Unfortunately, this brain damage is usually permanent.

Other common birth injuries can include:

• Clavicle fracture: These injuries are especially common in babies who were born breech.
• Seizure disorders/epilepsy: These injuries can be caused by birth trauma, infection, or hypoxic-ischemic encephalopathy (HIE).
• Brachial plexus injury: These injuries affect the nerves that control a human’s arm and hand movements.
• Intellectual and developmental disabilities: These conditions often occur with other injuries like epilepsy or cerebral palsy.
• Hypoxic ischemic encephalopathy: This type of injury is caused when an infant is deprived of oxygen or blood flow for a prolonged period of time, often resulting in brain damage.
• Forceps injuries: Sometimes excessive pressure with forceps can cause serious bruising or marking on the infant.
• Facial paralysis: Damage to an infant's facial nerves during labor can cause permanent facial paralysis of varying severity.
• Cephalohematoma: This injury is caused by excessive or prolonged pressure on the infants head during labor; it can be caused by forceps, use of a vacuum extractor, or from the infant be pressed against the mother's pelvis during delivery.
• Caput succedaneum: This type of injury refers to a swelling of the scalp in a newborn after delivery; it is most commonly caused by pressure from the uterus or vaginal wall during head-first delivery.

Because babies are extremely vulnerable, any kind of trauma can permanently injure them, inhibit their normal development, and even be fatal.

Recognizing the Common Symptoms of Birth Injuries

Birth injuries can have a profound impact on families, resulting in long-term consequences and significant financial burdens associated with ongoing care. Children born with birth injuries often face a multitude of challenges, ranging from learning disabilities to limited mobility. Basic daily activities that most people take for granted may require constant assistance. In such distressing situations, it is crucial for parents to seek legal guidance from an experienced Miami birth injury lawyer. This will enable them to fully understand their rights and make well-informed decisions for themselves and their family as they move forward.

What Are The Common Symptoms of Birth Injuries?

The symptoms of birth injuries can vary depending on the type and severity of the injury. It is important to recognize and be aware of these symptoms. Common signs of birth injuries include:

• Paralysis or partial loss of movement in specific body parts
• Seizures
• Muscle spasms
• Difficulties with speech or understanding language
• Challenges with swallowing
• Impaired vision or hearing
• Cognitive disabilities, such as intellectual disability and developmental delays

In addition, birth injuries can result in physical disfigurements, including facial palsy, Erb's palsy, and brachial plexus injuries.

If you suspect that your child has suffered a birth injury, it is crucial to consult with a skilled Miami birth injury lawyer. They can provide you with the necessary legal advice and support to ensure that you understand your rights and pursue the best course of action for your family's well-being.

How Birth Injuries Occur

Unfortunately, a majority of birth injuries are preventable and are caused by human error. Despite the medical advancements we’ve made as a society, doctors, nurses, and other medical professionals are human and are prone to making mistakes.

Birth injuries can be caused by the following types of negligence:

• Improper use of delivery instruments like forceps
• Failing to detect umbilical cord issues
• Not performing a C-section or improper performance of C-section
• Failing to treat jaundice in newborn
• Failing to sterilize medical equipment, which can cause infection
• Neglecting proper heart rate monitoring
• Mishandling of medications