Miami Birth Injury Lawyer
If you or a loved one suffered an injury due to medical errors during pregnancy, labor, or delivery, a Miami birth injury lawyer with Freedland Harwin Valori Gander is ready to fight for you. Our highly experienced team can help you take legal action while providing the support you need during this difficult time.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- November 29, 2024
Table of Contents
- Why Should You Choose FHVG to Handle Your Birth Injury Case?
- Who Can Be Held Responsible for a Birth Injury in Miami, Florida?
- How Much Does It Cost To Hire a Birth Injury Attorney in Miami?
- How Long After a Birth Injury Can You Sue in Miami?
- What Types of Compensation Can You Seek in a Birth Injury Case?
- How Long Does It Typically Take To Resolve a Birth Injury Case?
- How Do You Determine if a Birth Injury Was Due to Malpractice?
- What Is the Average Settlement Amount for Birth Injury Cases in Miami?
- How Can Parents Cope With the Challenges of Caring for a Newborn With a Birth Injury?
- The Most Common Causes of Birth Injuries in Miami, FL
- Common Types of Birth Injuries in Miami, FL
- How Our Birth Injury Attorneys Can Help You
Expectant parents trust doctors and nurses to provide their family with the highest quality of care. Unfortunately, careless mistakes can lead to serious injuries for both mother and baby during birth. Rather than a joyous occasion, parents may face significant medical expenses and the stress, frustration, and worry caused by the birth injury.
Why Should You Choose FHVG to Handle Your Birth Injury Case?
Our focus is to get answers about what happened and the compensation you deserve. Birth injury claims are particularly complex and sensitive cases. You’re dealing with large insurance companies and their legal teams who may treat you as an inconvenience. In addition, there are highly complex medical and legal issues in birth injury cases that less inexperienced attorneys may not fully understand.
When you work with Freedland Harwin Valori Gander on your birth injury case, you’ll be represented by one of our partners with more than 20 years of medical malpractice experience on your side. Our medical malpractice lawyers in Miami focus on helping families seek justice and compensation for their losses. We deliver personalized client care and award-winning legal representation. The services we provide include the following:
- We’ll conduct a thorough investigation to determine what happened and who’s responsible. For birth injuries, this means that we will review your and your baby’s medical records with highly qualified medical professionals in the field.
- Our team will access and gather evidence to build your case.
- Our firm has a network of medical experts who we’ll consult to bolster your claim. We have experience working with highly skilled experts in the following areas: obstetrics, labor and delivery nurses, neuroradiologists, maternal-fetal medicine, pediatrics, pediatric neurology, and life care planning.
- We will connect you with a host of Miami birth injury resources to help your family.
- Our lawyers will negotiate with health care providers and their insurers on your behalf.
- We will passionately and aggressively advocate for you at trial if your case needs to go to court.
At FHVG, we prioritize open communication to keep our clients informed throughout the claims process. You will have a dedicated team on your case to provide updates and address your concerns immediately. Here’s what some of our clients have to say about working with our team:
“I found it very easy to work with Freeland Harwin Valori Gander’s office, and their staff was amazing. If I had questions, they would quickly answer them. My case was a couple of years in the works, but with their skill and knowledge, it was so worth it at the end. If you need an attorney to fight for you, I would highly recommend Michael Freeland and his team of attorneys.”
– Joseph P., Google
“Can’t thank Freeland Harwin Valori Gander enough for how they fought for us. Very personable, caring, and persistent. Was never a doubt they had our best interest at heart. Kept us informed and educated throughout the whole process. Michael Freeland was personally available and so helpful. Thank you so much.”
– Undisclosed, Google
“Freedland Harwin Valori Gander is one of the most professional and caring lawyers that I have ever encountered. Their staff shows the utmost respect and compassion towards their clientele, making sure that you are abreast on every detail of your case. They treat you with respect and care of your wellbeing”
– Illene J.
We also offer a transparent fee structure with no upfront costs or hidden expenses. Schedule a free consultation to see if you qualify to claim compensation and what your case may be worth. Our birth injury attorneys serve all Miami communities, including:
Brickell
Doral
Kendall
North Miami
Brickell
Doral
Kendall
North Miami
South Miami
Downtown Miami
Little Havana
Wynwood
South Miami
Downtown Miami
Little Havana
Wynwood
Aventura
Coconut Grove
Edgewater
free consultation anytime, anywhere.
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Who Can Be Held Responsible for a Birth Injury in Miami, Florida?
Who is at fault for your newborn’s birth injury will depend on the circumstances of your case. With the assistance of medical professionals, we carefully analyze what happened and determine who is responsible. Possible at-fault parties may include the following:
- Doctors
- Midwives
- Anesthesiologists
- Nurses
- Other medical staff
- Hospitals, birthing centers, or other medical facilities
- Medical equipment designers or manufacturers
- Pharmaceutical companies or drug manufacturers
In many cases, a medical professional is negligent in their care, causing the birth injury. In addition, their employers, such as hospitals and other medical facilities, may be liable for negligent conduct under the vicarious liability doctrine.
However, you’ll need a skilled birth injury lawyer in Miami to conduct a full investigation and prove negligence to maximize your recovery. FHVG has the resources and legal knowledge to identify the at-fault party and demand justice for your child.
How Much Does It Cost To Hire a Birth Injury Attorney in Miami?
The cost of hiring a birth injury attorney can vary, but we make quality legal representation accessible to all Miami families who need our help. Our attorneys work on a contingency fee basis, meaning you only pay us if we win your case. You owe nothing until we secure a settlement or verdict for your birth injury claim. We also offer free initial consultations to review your case, provide guidance, and answer your questions about filing a legal claim in Miami.
How Long After a Birth Injury Can You Sue in Miami?
Florida’s statute of limitations for medical malpractice claims is two years. After the statute of limitations expires, you forfeit your right to claim compensation. However, there are some exceptions to this deadline.
In Florida, Tony’s Law may extend the timeframe for medical malpractice claims on behalf of minors under certain circumstances. This law gives parents until their child’s eighth birthday to take legal action for the infant’s birth injury. The deadline may also change if your case involves fraud, concealment, or intentional misrepresentation of facts to prevent discovery of the injury or its cause.
To make sure you don’t miss the deadline to recover compensation for your child, speak with our Miami birth injury attorneys as soon as possible. We’ll identify the time limit for your case and help you decide how to proceed with your claim.
What Types of Compensation Can You Seek in a Birth Injury Case?
After a Miami birth injury, you may pursue compensation for your losses, including economic and non-economic damages.
Economic Damages
Economic damages cover the current and future financial losses caused by the birth injury, including the following:
- Medical bills
- Future medical care expenses
- Cost of medication
- Cost of medical equipment and home modifications
- Lost wages
- Loss of earning capacity
Non-Economic Damages
You may also qualify to recover non-economic damages, compensating for the intangible losses your family experiences. Examples include the following:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Inconvenience
- Disfigurement
If your child has suffered a birth injury in Miami, affording the best medical care for your baby is a concern. You also want to give your child the highest quality of life as they grow. Our Miami birth injury attorneys will carefully identify your qualifying damages and fight for the maximum amount available for your child.
$24.5 Million in damages
Jury Verdict on behalf of the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols forcing the defendants to admit liability shortly before trial.
$24.5 Million in damages
Jury Verdict on behalf of the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols forcing the defendants to admit liability shortly before trial.
How Long Does It Typically Take To Resolve a Birth Injury Case?
Every birth injury case is different and involves varying factors affecting the time it takes to resolve. Depending on the nature of the medical negligence that led to the injury, the parties involved, and the complexities of the claim, it could take some time to resolve your case. An experienced Miami birth injury attorney can work diligently to move your case through the legal system, avoiding and minimizing delays that would otherwise tie up your claim for years.
How Do You Determine if a Birth Injury Was Due to Malpractice?
For every 1,000 live births in the United States, about two babies suffer birth trauma with potentially serious effects on their future. If a doctor makes medical errors that lead to the birth injury, you may have grounds to sue for medical malpractice.
However, proving medical malpractice requires a thorough investigation and legal experience to establish all the elements of negligence, including:
- Duty: Your doctor and other medical professionals have a legal duty to provide adequate care to you and your child.
- Breach of duty: If the doctor fails to meet the necessary standard of care during birth, they have breached this duty. A breach of duty may include failing to take action when needed or performing a procedure incorrectly.
- Causation: Next, the breach of duty must have caused the injury. For example, improper use of forceps during delivery may lead to your baby’s head trauma. Another common example is failing to perform an emergency C-section when the baby was not getting enough oxygen.
- Damages: The birth injury caused damages, such as medical bills, lost income, and emotional distress.
Our Miami birth injury lawyers will use our medical knowledge and legal skills to investigate what happened and what led to the injury. Because our attorneys have previous experience defending medical providers and their insurance companies, we know exactly what to look for in these cases.
What Is the Average Settlement Amount for Birth Injury Cases in Miami?
Because no two birth injury claims are the same, the settlement amounts for every case will be very different. A settlement reflects the value of your damages, which is determined by:
- The birth injury’s severity
- If the effects are long-term or permanent
- If future medical care is necessary
- How you and your baby’s life is affected by the injury
FHVG can evaluate your unique situation to see what your claim may be worth and how we can help you reach a favorable settlement. For reference, our Miami birth injury lawyers have secured the following settlements below:
How Can Parents Cope With the Challenges of Caring for a Newborn With a Birth Injury?
New parents often feel helpless and alone after a birth injury. Adjusting your expectations and accepting the challenges of caring for your child is never easy, especially if your child has special needs. However, you are not alone. There are several Miami resources to support, educate, and empower you during this trying time:
The more you know about your child’s birth injury, the better prepared you are to understand and meet their needs. FHVG can connect you with resources to research treatments and available therapies, connect with local networks dedicated to birth injury support, and explore your legal rights.
Our team provides valuable legal insight and guidance to help you navigate your next steps. We have assisted countless families who are dealing with traumatic birth injuries and pursued justice through the Miami legal system. We will fight your legal battle so you can focus on your family’s health and well-being.
The Most Common Causes of Birth Injuries in Miami, FL
According to the National Library of Medicine, multiple factors may increase the risk of birth injuries and trauma. Fetal and pregnancy-related issues that increase the risk of birth injury include:
- Fetal macrosomia, which is when a fetus weighs more than 8 pounds, 13 ounces
- Macrocephaly, a much larger head circumference than average
- Low birth weight
- Premature delivery
- Fetal congenital defects or malformations
- The baby is not in the normal position for birth
- Oxygen deprivation
The mother may also have issues, including difficulties during pregnancy or labor and delivery, that are associated with birth injuries. Risk factors include the following:
- Maternal obesity
- Maternal diabetes, including gestational diabetes
- Cephalopelvic disproportion, which is when the mother’s pelvis is too small for the baby’s head
- The mother is over the age of 35, known as primiparity
- The use of extraction devices, including forceps or vacuum
- Prolonged or difficult labor, also known as dystocia
In Florida, mothers and babies may suffer birth injuries because of disparities in obstetrical care. The preterm birth rate in Florida was 10.6 percent in 2022, with a preterm birth rate of one in 10 babies in Miami-Dade. Simply put, nearly 10 percent of all babies delivered in Miami-Dade were born before 37 weeks gestation. Preterm and premature babies are at a higher risk for birth injuries than full-term babies.
Common Types of Birth Injuries in Miami, FL
The infant and the mother can suffer injuries during pregnancy, labor, and delivery. Common types of birth injuries that occur include those listed below below.
Newborn Birth Injuries
Some birth injuries result from brain damage caused by oxygen deprivation or a decrease in blood flow to the brain. Such injuries can happen if a doctor fails to notice the baby is in distress or does not perform a cesarean section in time. Common brain injuries that can happen during or soon after birth include Hypoxic ischemic encephalopathy, or HIE, which leads to cerebral palsy.
Physical injuries are also common in newborns. If the baby is not in the correct position or a doctor does not use forceps or a vacuum extractor properly, a newborn may suffer the following:
- Brachial plexus injuries or injury to the nerves connecting the spine to the arm or hand, known as Erb’s Palsy
- Caput succedaneum
- Spinal cord injuries
- Facial fractures
- Nerve damage
Birth Injuries to Mothers
Mothers may also suffer painful and traumatic injuries or death during childbirth. When a doctor mismanages an emergency or provides care that falls below the expected standard, a mother can sustain the following injuries:
- Fatal complications during delivery
- Ruptured uterus
- Postpartum hemorrhaging
- Postpartum infections
Contact a Birth Injury Attorney Today
Every parent deserves the best care for their child who suffered a birth injury. Our Miami birth injury lawyers are ready to help you take legal action and claim the maximum compensation for your family.
With over $2.6 billion in settlements and verdicts recovered for deserving clients, you can trust us to fight for your family. Contact us online or at 954-467-6400 today to schedule your free consultation.
