Florida Birth Injury Attorneys
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- November 18, 2024
Too often, careless health care providers deviate from established medical standards and cause fatal and permanently disabling injuries to newborn infants during pregnancy, birth, or shortly after birth. We have been recovering substantial compensation from health care organizations and their insurance companies on behalf of injured children and their parents for more than two decades. Call our nationally recognized Florida birth injury lawyers today at (954) 467-6400 to learn how we can help your family.
Table of Contents
- Why Choose Our Birth Injury Lawyers?
- Why Should I Hire a Birth Injury Lawyer in Florida?
- How Much Money Can You Recover From a Birth Injury Lawsuit in Florida?
- Who Can Be Held Responsible for a Newborn Birth Injury in Florida?
- Statute of Limitations for Birth Injury Cases in Florida
- Common Types of Birth Injury in Florida
- Signs and Symptoms Your Child is Dealing With Birth Injuries
- Contact FHVG for a Free Birth Injury Case Evaluation
Why Choose Our Birth Injury Lawyers?
Our award-winning birth injury lawyers in Florida are dedicated to going against large health care corporations and their insurance companies in pursuit of just compensation for birth-injured children and their parents.
We have recovered more than $2.6 billion in compensation for our clients, and our accomplishments have not gone unnoticed in the legal community. Our peers have recognized us with such honors and accolades as the following, which only the top attorneys in the nation receive:
- Best Lawyers in America
- Super Lawyers
- National Trial Lawyers Top 100
- Florida Legal Elite
- America’s Top 100 Attorneys Lifetime Achievement Award
- Martindale-Hubbell Preeminent rating for superb legal skill and ethics
At Freedland Harwin Gander Valori, we care about every client, and you can rest assured that we will treat you like family with personalized attention and a team dedicated to ensuring accessible communication.
We are driven by compassion and a core desire to help, and we show it through passionate advocacy of our clients and community giving. We proudly support many organizations throughout Florida that assist children injured at birth and their families, including the Brain Injury Association of Florida, The Arc of South Florida, and JAFCO.
Track Record of Success
Our attorneys have experience defending medical providers and their insurance companies, giving us unique insight into their strategies and tactics. This has helped us secure numerous remarkable settlements and verdicts for our clients, including the following:
- $24.5 Million – We obtained this damages jury verdict for the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we demonstrated that doctors did not follow proper safety protocols, forcing the defendants to admit liability shortly before trial.
- $15.2 Million – We won this arbitration award for a woman who suffered a stroke following childbirth and remains in a minimally conscious state.
- $10 Million – We obtained this settlement on behalf of a child who suffered a brain injury from oxygen deprivation during birth. Through years of tactical and technical litigation, we were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.
- $4.1 Million – We negotiated this wrongful death settlement for the family of a mother who had a hypertensive crisis after birth that went without appropriate treatment, leading to her death.
Testimonials
We pride ourselves on maintaining a high level of communication with every client. We are dedicated to using the court system to give you a sense of justice. The glowing testimonials our past clients regularly send us show that our compassion and fierce devotion to each of them shines through:
It’s hard to put into words how much I truly appreciate and admire this firm. The level of detail, the punctual communication, the friendliness of their staff and finally the tenacity in their willingness to believe in you and fight for you is bar none. If you should ever need a firm….this is the one to pick!
– Elizabeth S., Google
FHVG handled my medical malpractice case. They were kind, compassionate, always answered questions, concerned, & did the very best for all involved. I couldn’t have had attorneys with more expertise than them! I am grateful for all they did throughout the entire process. I would encourage anyone needing attorneys for these types of claims to contact Freedland, Harwin, Valori, and Gander because you will be very glad you did! They are truly the best!
– Rhonda L., Google
My family was really nervous going into this process, but Daniel Harwin made us feel at ease, in addition to the superb results that exceeded expectations. He held hands every step of the way, as his communication and care was top-notch. We can’t imagine anyone spending more time and energy on their clients.
– Gregg G., Google
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Why Should I Hire a Birth Injury Lawyer in Florida?
Proving a birth injury claim requires a detailed investigation into complex medical standards and procedures. That process is virtually impossible without the guidance of an experienced Florida medical malpractice attorney. You will need access to the medical records of both the mother and the child, and you will need expert witnesses to review the records and identify the malpractice.
Retaining witnesses who can survive the scrutiny of the court is beyond the reach of most people. Our 20 years of experience have allowed us to build a network of the most trustworthy professional experts in the nation, and we have the resources to gather the evidence you need and level the playing field against the corporate entities liable for your child’s injuries.
You can count on us to handle all of the legal details and take the stress out of the process so your case doesn’t take you away from the care of your child. We will handle all of the following and more:
- Gather evidence
- Interview witnesses
- Consult experts
- Calculate your damages
- Negotiate a settlement
- Take your case to trial if necessary
Ray Valori and his colleagues helped us through a very difficult time immediately following the death of a young family member. They expediently and cost-effectively secured for us the maximum compensatory damages available from the insurance companies involved. And they did so with the highest degree of professionalism and compassion.
-Atul J., Google
What Medical Experts Are Utilized in a Birth Injury Case?
Will I Have to Go to Court for a Birth Injury Lawsuit?
How Much Money Can You Recover From a Birth Injury Lawsuit in Florida?
Birth injury lawsuits can yield a wide range of damages ranging from a few thousand to several million, depending on factors specific to your case. The most important factors that influence the amount include the following:
- The type of birth injury
- The lifelong financial and emotional impact of the injury
- The severity of the injury
- The number and identity of liable parties
Recoverable Damages in Birth Injury Claims
Recoverable damage in a birth injury claim may include compensation for monetary losses—known as economic damages—and compensation for pain, suffering, and other intangible losses—known as non-economic damages. These damages may include the following:
- Medical expenses related to the injury
- The added cost of care, education, and services
- The cost to modify the home to accommodate the child
- The cost of specialized equipment
- Past and future lost wages of the parents
- Loss of future earning potential of the child
- Pain and suffering
- Emotional distress
In rare cases involving intentional, malicious, or grossly negligent conduct by the doctor, punitive damages may also be available. If a birth injury results in the death of the mother or child, you may be entitled to pursue additional damages through a wrongful death lawsuit.
Damages for Neurological Injuries
If your child suffered a brain or spinal cord injury at birth, your exclusive path for compensation may be a claim with the Florida Birth-Related Neurological Injury Compensation Association, known as NICA. NICA claims may compensate for certain financial losses related to the injury without needing to prove the health care provider was negligent. However, if you qualify, you cannot sue the health care provider unless the provider’s actions were intentional, malicious, or grossly negligent.
Who Can Be Held Responsible for a Newborn Birth Injury in Florida?
Multiple parties can be responsible for your baby’s injuries, including providers and facilities. We have successfully prosecuted birth injury cases against the following health care providers in Florida:
- OBGYNs
- Pediatricians
- Midwives
- Nurse practitioners
- Pathologists
- Hospitals
- Birthing centers
Our skilled birth injury lawyers in Florida will thoroughly analyze the actions of every health care provider involved in your prenatal care, labor, and delivery so we can identify every liable party and every avenue of compensation available to you.
Statute of Limitations for Birth Injury Cases in Florida
Under Florida law, an action for medical malpractice resulting in birth injury must be filed within two years of when the incident occurred or should have been discovered with the exercise of due diligence.
In no case may an action be brought more than the later of four years or the child’s eighth birthday, even if the incident could not reasonably be discovered before that time.
Contact a knowledgeable Florida birth injury attorney as soon as possible to ensure your case is filed on time. The statute of limitations in Florida is complex, and you may have additional deadlines to meet. If you file your case after the statute of limitations has passed, you will forfeit your opportunity to pursue compensation. You can count on us to determine the correct deadline for your case and file it on time.
Common Types of Birth Injury in Florida
Birth injuries can occur as a result of medical negligence during pregnancy, labor, birth, or shortly after birth. Common birth injuries include the following:
- Abnormal brain development
- Brachial plexus injuries
- Brain bleeds
- Broken bones
- Cerebral palsy
- Heart failure
- Hypoxic-ischemic encephalopathy (HIE)
- Increased birth size
- Intellectual disabilities
- Low birth weight
- Nerve damage
- Physical deformities and malformations
- Premature birth
- Seizure disorders
- Spinal cord injuries
- Stillbirth
What Are Some Common Causes of Birth Injuries?
What Is The Difference Between Birth Injuries And Birth Defects?
Can I Sue If My Baby Was Injured From a Mismanaged Placental Abruption?
When Is a Birth Injury Considered Medical Malpractice?
Signs and Symptoms Your Child is Dealing With Birth Injuries
The signs and symptoms of a birth injury in a newborn vary based on the injury sustained. Some birth injuries are relatively mild and may not require treatment. For example, facial paralysis commonly occurs as a result of forceps delivery, but this condition typically clears up on its own within two to three months without treatment. You may notice your baby’s face fails to move on both sides equally during crying.
Some symptoms could point to injuries with lasting effects. It is not always possible to determine whether a birth injury will be permanent, but if you see any of the following signs and symptoms in the moments, days, or weeks following birth, your baby may have suffered a serious birth injury:
| Symptom | What It Could Indicate |
| Abnormal positioning of the hand, arm, or shoulder, sometimes with a missing grasp reflex | Brachial plexus injury, such as Erb’s palsy or Klumpe’s palsy |
| Breathing problems | Phrenic nerve injury Hypoxic-ischemic encephalopathy (HIE) Intracranial hemorrhage |
| Weakness or lack of movement from a specific section of the body downward | Spinal cord injuries |
| Seizures | Intracranial hemorrhage HIE |
| Abnormal muscle tone | HIE |
Disabilities that May Be Undiagnosed Birth Injuries
Some birth injuries only become apparent months or years after birth. This is especially true of brain injuries. If your child has cerebral palsy, intellectual or developmental delays, or learning disabilities, a birth injury may have caused it.
Our knowledgeable birth injury attorneys in Florida can review your child’s medical records, including the pregnancy and birth history, to determine whether medical malpractice played a role.
Contact FHVG for a Free Birth Injury Case Evaluation
Our experienced lawyers at Freedland Harwin Valori Gander, PL, can explain your legal options, provide skilled representation, and help you protect your child’s rights.
Our Florida birth injury lawyers have the knowledge to help you determine whether you have a case and navigate the NICA process. In almost every case, the best advice is to seek a professional consult on a birth injury claim as soon as you suspect a birth injury. Contact Freedland Harwin Valori Gander today. All of our consultations are free—anytime, anywhere.
free consultation anytime, anywhere.
ALL FIELDS REQUIRED
CASE RESULTS
TESTIMONIALS
999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134
