If your child suffered an injury at birth, your family may be entitled to compensation. The Miami birth injury lawyers at Shaked Law Personal Injury Lawyers can help you seek maximum damages for medical expenses, rehabilitation, and suffering.
Our attorneys in Miami-Dade County have more than 100 years of combined experience. We stand up to hospitals, insurance companies, and negligent medical professionals every day – and win. Since 2007, we’ve won hundreds of millions of dollars for families just like yours.
Let us be your child’s fiercest advocate. Contact our Miami, Florida law firm to schedule a free consultation today to get started. We’re always standing by to take your call – 24/7/365 at (305) 937-0191.
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How Shaked Law Personal Injury Lawyers Can Help If Your Child Has Suffered a Birth Injury in Miami, FL
As expectant parents, you want your child’s birth to go perfectly. You trust that your doctors and the healthcare team involved in the process will do everything to keep your newborn child – and mother – safe. Unfortunately, medical errors are incredibly common, and they can and do involve children.
Our award-winning medical malpractice lawyers in Miami will:
- Coordinate a full-scale investigation into the circumstances surrounding your child’s birth injury
- Secure, gather, and review relevant evidence – including the medical records, statements from the medical team, photographs, expert reports, and more
- Work closely with medical experts to better understand the specific details of your child’s care, trauma, and injury
- Handle all conversations with the hospital, insurance companies, and other involved parties
- Prepare a strong case and negotiate to secure a meaningful settlement offer for your family, and
- Bring your case to a compassionate jury, if necessary.
Shaked Law Personal Injury Lawyers is here to help you fight for the compensation your family needs and deserves during this difficult time. You focus on your child’s recovery. Let us handle the birth injury claim for damages. Call our law office in Miami, FL to learn more today.
What is a Birth Injury?
A birth injury is trauma to a child (or the mother) that occurs as a result of negligence during pregnancy, during childbirth, or immediately after delivery.
Common examples of birth injuries in Florida include:
- Brachial Plexus injuries
- Broken bones and fractures
- Caput succedaneum
- Cerebral Palsy
- Cleft lip
- Erb’s Palsy
- Facial paralysis
- Hypoxia and resulting trauma
- Nerve damage
- Spina bifida
- Traumatic brain injury
In some cases, birth injuries can be fatal, resulting in the wrongful death of a child or mother.
How Common Are Birth Injuries?
According to studies, it’s believed that at least 28,000 babies suffer a birth injury every year in the United States.
That’s three birth injuries an hour – or a birth injury every 20 minutes.
For every 1,000 children born across the country, it’s estimated that between 5 and 7 will sustain an injury at birth.
Many birth injuries are the result of medical negligence or malpractice. In other words, many birth injuries are entirely avoidable. When this is the case, those at fault must be held accountable.
What Are the Most Common Causes of Birth Injuries in Miami?
Medical negligence that can cause or contribute to a birth injury include:
- Failure to monitor and/or screen the fetus or mother during pregnancy
- Failure to monitor the child and/or mother during delivery
- Failure to diagnose potential risk factors or high-risk birth situations
- Failure to perform a timely C-Section
- Improper use of medical devices, such as vacuums or forceps
- Depriving the child of oxygen during the birthing process
- Waiting too long to deliver the baby
- Surgical errors
- Uterine ruptures
- Medication and/or anesthesia errors
- Improperly trained staff or medical caretakers
- Staff miscommunication
These are just a few examples of mistakes that can, and do, cause birth injuries in Miami hospitals. Anytime a healthcare provider makes an error or fails to perform their job reasonably, they could contribute to a child’s birth injury.
What is My Child’s Birth Injury Case Worth?
Personal injury lawsuits involving children – especially babies and infants – can be difficult to value. Children have their whole lives ahead of them. An avoidable injury can fundamentally change the way those lives unfold.
Factors that can affect what a birth injury case is worth include:
- The type of injury your child suffered
- Whether or not the birth injury will result in a permanent disability
- What type(s) of medical care and treatment your child will need to get better
- How your child’s ability to grow, participate in life, and earn a living may have been affected, and
- The degree to which your child experiences emotional trauma and distress.
The more serious – and debilitating – the birth injury, the more a case is typically worth. The best way to learn about your particular situation is by discussing the details with a compassionate and experienced birth injury attorney in Miami.
What Compensation is Available in Miami Birth Injury Cases?
The costs of a birth injury can last a lifetime. Medical bills and expenses can become overwhelming, and a child may struggle with the emotional trauma of their injury forever. If an injury could have been avoided, the negligent doctor or healthcare provider must be held accountable.
- Present and future medical bills related to the child’s injury, including hospitalization, surgery, and medication
- The cost of medical devices or equipment
- Rehabilitation and therapy
- Reduced quality of life
- Pain and suffering
- Emotional distress
- Long-term disability
- Lost future earning capacity, and more.
When a birth injury is fatal, the child’s parents may have the right to seek damages through a wrongful death lawsuit to compensate for their tragic loss.
Who Can Be Liable For a Birth Injury in Miami?
Your doctor and other healthcare providers have a duty to provide reasonable care during pregnancy, labor, and delivery. This means that they must demonstrate the level of care and skill that’s expected of someone in their profession.
If your doctor failed to act reasonably or made a mistake, they can be considered negligent and/or to have committed malpractice. As a result, they may be financially liable for your child’s birth injuries and resulting trauma.
However, anyone who contributes to a child’s birth injury can be liable, including:
- Specialists, including OBGYNs and gynecologists
- Emergency room doctors, nurses, and staff
- General practitioners
- Lab technicians
- Physician assistants
- Private medical or birthing facilities
- Medical device or equipment manufacturers
It’s important to carefully investigate the full scope of a child’s labor, delivery, and birth to identify why they were injured. Determining the cause is the first step in uncovering liability. Seeking compensation from all liable parties can increase the likelihood of securing a full and fair financial recovery.
What’s the Statute of Limitations for Birth Injury Lawsuits in Florida?
Birth injury cases typically fall under the umbrella of medical malpractice. Under Florida law, the statute of limitations for medical malpractice lawsuits is two years. The clock begins to run the moment the injury occurs or when it is first discovered.
However, in order to pursue compensation through a birth injury lawsuit on your child’s behalf, it must be filed on or before your child’s 8th birthday.
If your child suffers a fatal injury at birth, parents have up to two years from the date of death to take legal action in Florida courts.
Do not hesitate to reach out to our Miami medical malpractice lawyers immediately after discovering your child’s birth injury. The longer you wait to act, the harder it can be to secure compensation. Evidence can disappear and witness memories will fade over time. And, waiting too long can cause you to miss the deadline that applies to your case. In turn, you could be prohibited from getting any compensation, at all.
Schedule a Free Consultation With Our Miami Birth Injury Lawyers
Is your child struggling with an injury they suffered during pregnancy, labor and delivery, or immediately after birth? If so, they may be entitled to significant compensation.
Shaked Law Personal Injury Lawyers is prepared to help your family seek maximum damages from those responsible – including the hospital, negligent doctor, and the insurance company.
We will fight to secure financial justice on your child’s behalf. While money may not turn back time and keep them safe, it can provide a lot of support and relief in the years to come.
Don’t let the doctors responsible for your child’s injury walk away without consequence. Call our Miami birth injury attorneys to make things right.
We offer a free case evaluation and work on a contingency fee basis. This means there’s no risk in asking for our help or advice. You only pay if we win your birth injury case.
Our personal injury law firm in Miami, FL also provides:
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