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Birth Injuries Aggressive & Honest Representation

Birth Injury Attorney in Broward County

Compassionate & Effective Legal Support for Birth Injuries

represents families in Weston and across Broward County in birth injury malpractice cases, including OB malpractice and broader hospital malpractice. The legal team investigates what happened, explains options under Florida law, and builds a strategy focused on the best available outcome. Clients receive clear updates and practical guidance throughout the process.

When families contact us after a difficult labor or delivery, we start by listening carefully to what they experienced in the delivery room and immediately afterward. We then gather records from the hospitals and clinics involved in the pregnancy and birth, including facilities in Broward County, so we can compare what was done to what should have been done under accepted medical standards. By walking parents through this information step by step, we help them understand whether they may have a viable claim and what working with a birth injury attorney Broward County families trust might look like in their situation.

Many parents come to us unsure whether they even want to pursue a case, but they want answers about why their child was hurt and how they will afford future care. We discuss potential paths forward, from a focused investigation without filing a lawsuit to full litigation if the evidence supports it. Throughout this process, we keep communication straightforward and avoid legal jargon so families can make informed choices while managing medical appointments, therapies, and the day-to-day realities of caring for their child.

Call [[INVALID_TOKEN]] to discuss what happened and get a straightforward evaluation of a potential birth injury claim.

Understanding Birth Injuries & Legal Rights in Broward County

Birth injuries can result from complications in pregnancy, labor, or delivery. When medical malpractice is involved, a birth injury claim focuses on whether a provider failed to meet the accepted standard of care and whether that failure caused harm. Depending on the facts, compensation may address medical treatment, therapy, assistive services, and long-term care needs, including losses commonly pursued in catastrophic personal injury cases.

A case evaluation typically includes a detailed review of the pregnancy and delivery timeline to separate unavoidable complications from preventable injuries. Records are examined for issues such as missed risk factors, delays in treatment, inadequate fetal monitoring, or a delayed or untimely C-section, as well as anesthesia errors, surgical errors, nursing errors, and other failures that can occur before, during, or immediately after delivery.

In Broward County, determining whether a poor outcome is legally actionable requires connecting what is in the medical chart with what parents observed during labor and in the newborn period. We often walk through fetal heart monitoring strips, nursing notes, and neonatal intensive care unit summaries alongside families so they can see how warning signs may have been missed or not escalated in time. By breaking down these technical records into everyday language and tying them to specific rights under Florida law, we help families decide whether to move forward with a claim and what they hope to accomplish, whether that is accountability, financial stability for long-term care, or both.

We also discuss how a birth injury lawyer Broward County families hire must account for both current and future needs, such as adaptive equipment, therapies, and schooling, rather than focusing only on the hospital bills already incurred. Talking about these topics early allows us to work with appropriate professionals from the start and to build a damages picture that better reflects the child’s projected needs over a lifetime.

Why Choose for Your Birth Injury Case?

approaches birth injury cases with a litigation-first mindset backed by 30+ years of complex injury experience. The focus stays on building a strong claim supported by medical evidence and a clear damages model.

Over decades of practice, we have handled complex, high-value claims against large corporations and insurers, including cases involving national health care companies and multi-state medical groups. This background informs the way we prepare birth injury cases in Broward County: from the beginning, we assume that opposing parties will contest liability, causation, and damages, and we prepare our files, experts, and exhibits accordingly. Families who work with us know that we are preparing their matter as if it may eventually be presented in a Broward County courtroom, even while we explore opportunities to resolve the case through negotiation or mediation.

We also understand that birth injury litigation can feel overwhelming for parents who are already stretched thin. To make the process more manageable, we map out a projected timeline, explain who will be involved at each phase, and identify points where a parent’s participation will be needed, such as depositions or evaluations. Whenever possible, we arrange meetings and proceedings around the child’s medical schedule and therapies so the legal process adds as little disruption as possible to the family’s daily life.

Each case is developed through detailed investigation and medical review, including collaboration with specialists such as:

  • Obstetricians and maternal-fetal medicine
  • Neonatologists
  • Pediatric neurologists and life care planners

This helps establish what happened, whether the standard of care was met, and how the injury may affect the child long term, including outcomes tied to perinatal hypoxia and related complications.

When we assemble a team of medical and financial professionals, we look for individuals who can clearly explain complex concepts to a jury and who understand Florida’s legal requirements for medical malpractice claims. These experts assist us in demonstrating not only how the injury occurred, but also how it changes the child’s future in practical terms: the therapies that will be needed, the likely impact on schooling and independence, and the financial resources necessary to support the child into adulthood. By coordinating this work carefully, we aim to present a clear, organized case that reflects both the medical realities and the human story behind the claim.

Local Insights: Navigating Broward County Legal Systems

Birth injury claims in Broward County follow Florida medical malpractice rules and are typically filed in the Seventeenth Judicial Circuit. Familiarity with local procedures helps keep a claim organized from the start and reduces avoidable delays. These cases commonly involve strict pre-suit requirements, medical review, and firm deadlines.

Case work typically includes:

  • Obtaining and organizing prenatal, labor and delivery, NICU, and pediatric records
  • Managing pre-suit notices and required timelines
  • Coordinating legal review and sworn opinions when needed
  • Preserving evidence and documenting long-term care needs
  • Identifying the responsible parties, which may include the delivering provider, staff, and facility, and looking up doctors' credentials as part of the investigation

Because most Broward County birth injury cases are venued in Fort Lauderdale at the Seventeenth Judicial Circuit courthouse, we tailor our approach to local rules, scheduling practices, and judge-specific preferences. Understanding how judges in this circuit tend to handle discovery disputes, expert challenges, and trial settings allows us to plan ahead and keep families informed about what to expect. We also coordinate with court reporters, mediators, and other professionals who routinely work in this circuit so that hearings and conferences run as smoothly as possible.

Another important local consideration is how medical providers and their insurers respond to claims that arise from hospitals and clinics in Broward County. Some large systems have established internal review processes or designated defense firms that handle most claims against them. We factor these patterns into our strategy, including when we send pre-suit notices, which experts we retain, and how we present settlement demands. By aligning our approach with local practice while still centering the child’s needs, we aim to move the case forward efficiently without sacrificing thorough preparation.

Common Types of Birth Injuries and Warning Signs

Birth injuries and related warning signs may appear in delivery records or in the weeks and months after birth. A review focuses on what occurred during labor and delivery and whether earlier intervention could have reduced harm.

Common birth injuries include:

Early warning signs may include:

  • Seizures
  • Feeding difficulties
  • Abnormal muscle tone (too stiff or too floppy)
  • Delayed developmental milestones

When we review a potential case, we look not only at the diagnosis but also at how quickly providers responded to early warning signs after birth. For example, a baby in a Broward County hospital who shows persistent poor feeding, abnormal cries, or unusual stiffness may require prompt imaging or transfer to a higher level of care. If those steps are delayed or never taken, the child may miss a critical window for treatment or monitoring. By comparing what actually occurred with what reasonably careful providers would have done under similar circumstances, we help families understand whether their child’s early symptoms should have prompted a different medical response.

We also pay close attention to how pediatricians and specialists followed up on concerns in the first months and years of life. If developmental delays, abnormal muscle tone, or seizures were repeatedly documented but not fully investigated, this pattern can be relevant to a legal analysis. For families in Broward County, we can often coordinate with local pediatric neurologists and therapists who are already involved in the child’s care to gather additional information about how the injury affects daily functioning, schooling, and long-term goals. This information not only supports the legal claim but also helps parents plan for services and resources their child may need.

What Compensation May Include in a Florida Birth Injury Case

Depending on the facts and what Florida law allows, compensation in a birth injury case may include:

  • Past and future medical care
  • Physical, occupational, and speech therapy
  • In-home care and support services
  • Assistive equipment and mobility devices
  • Home or vehicle modifications
  • Special education and developmental services
  • Lost earning capacity (when supported by evidence)
  • Non-economic damages where available, based on the case facts

In many Broward County birth injury cases, the largest components of compensation are tied to future needs rather than past bills. Developing an accurate picture of those needs requires input from medical providers, therapists, and life care planners who understand both the child’s condition and the local cost of services. We work with these professionals to outline likely expenses for therapies, medications, adaptive equipment, transportation, and personal care across the child’s lifetime, and we then consult with economic experts to translate those needs into present-day dollar amounts that can be pursued in a claim.

We also discuss with families how different resolutions may affect their financial planning. A lump-sum recovery, for example, may be handled differently than a structured arrangement that provides periodic payments for decades. While we do not provide financial or tax advice, we can connect parents with appropriate professionals so they can evaluate options that match their child’s projected care plan. By talking through these considerations early with a birth injury attorney in Broward County, families can better understand how a potential recovery might support housing, caregiving, education, and eventual transition into adulthood for their child.

The Birth Injury Claim Process in Florida

A Florida birth injury claim typically starts with collecting records from prenatal care, labor and delivery, and follow-up treatment. The timeline is reviewed for signs of fetal distress, delays in intervention, medication errors, and preventable breakdowns in care, including anesthesia errors, nursing errors, and other forms of hospital malpractice.

Next, the records and facts are evaluated against the medical standard of care to determine whether negligence likely caused the injury. If the claim is supported, Florida’s required pre-suit steps are completed, including serving notices and allowing time for providers and insurers to investigate and respond.

If the claim does not resolve during the pre-suit period, a lawsuit may be filed, and the matter proceeds through litigation. Litigation can include written discovery, depositions, motions, mediation, and trial, along with continued documentation of damages and future care needs.

Throughout this process, we work to shield families from as much of the procedural burden as possible while still preparing them for key events, such as giving testimony or attending evaluations. In Broward County cases, that may include appearing for depositions at local defense firms, participating in court-ordered mediation in Fort Lauderdale, or attending hearings at the Seventeenth Judicial Circuit courthouse. Before each step, we explain what will happen, who will be present, and how parents can best prepare so that they feel informed and supported rather than caught off guard.

We also revisit settlement opportunities at multiple points, including after expert reports are exchanged and before trial dates are set. Because birth injury cases often involve significant future care costs, negotiations can be complex and may require multiple sessions with mediators or direct discussions with insurers. By keeping communication open and presenting a well-documented file, we aim to put families in the strongest position possible to evaluate any offers and decide whether to continue toward trial or resolve the case on terms that provide meaningful security for their child.

How We Work With Families During a Birth Injury Case

Families dealing with a birth injury are often balancing hospital visits, therapy appointments, and major life changes at home. We design our approach to fit into that reality rather than expecting parents to fit into a legal process. From the first conversation, we explain how we will communicate, what information we will need, and how we can take on as much of the administrative burden as possible so parents can stay focused on their child.

Early in the relationship, we set clear expectations about how often families will hear from us and which team members will be their primary points of contact. We use phone calls, secure email, and virtual meetings to reduce the need for in-person office visits, especially for families who live outside Weston or who find travel difficult because of medical equipment or caregiving schedules. When in-person meetings are needed, we work with parents to find times that fit around therapy sessions, school, and other responsibilities.

As the case progresses, we provide regular updates about what has been completed and what is coming next, translating legal developments into everyday terms and connecting them back to the family’s goals. For example, before a deposition or evaluation, we walk parents through what the event will look like, how long it may take, and what role they will play. We encourage questions at every stage and make it clear that our role extends beyond paperwork and court filings; we are here to help families understand the process and feel supported while important decisions are being made.

Considering a Birth Injury Claim in Broward County

Deciding whether to pursue a birth injury claim can be difficult, especially when parents are still processing what happened during labor or in the neonatal intensive care unit. Some families worry that raising legal questions means blaming individual nurses or doctors they liked, while others are concerned about the time and emotional energy a claim might require. We address these concerns directly by explaining what a case would involve, what we would handle on the family’s behalf, and how accountability can coexist with appreciation for individual caregivers.

When we meet with Broward County families who are unsure about next steps, we focus first on clarifying timelines and preserving important records. This may include requesting hospital charts, imaging, and pediatric treatment notes before they become harder to obtain or more expensive to collect. We also discuss how Florida’s medical malpractice deadlines work in broad terms so parents understand why it can be risky to wait too long before having a potential claim reviewed, even if they are not ready to make any immediate decisions.

During an initial consultation, we encourage parents to share their questions and priorities, whether they are most concerned about the cost of future care, the possibility of similar events happening to other families, or simply understanding what went wrong. By talking through these issues with a birth injury lawyer Broward County families can access close to home, parents can decide whether a formal claim aligns with their goals or whether a more limited investigation or review would be better for them at that time.

Preparing for Your First Meeting With Our Team

Many parents are uncertain about what to bring or how to prepare before speaking with an attorney about a birth injury. We try to make the first meeting as straightforward as possible so that families do not feel pressure to gather every record or remember every detail in advance. The goal of this conversation is to understand the basic timeline, identify immediate concerns, and outline the next practical steps.

Before the meeting, it can be helpful for parents to jot down key dates, such as the baby’s due date and delivery date, the name of the Broward County hospital or birthing center, and the doctors who were involved in prenatal care and delivery. Any discharge paperwork, summaries from the neonatal intensive care unit, or early pediatric records can also provide useful starting points, even if they are incomplete. We explain that missing documents are not a barrier; part of our role is to request and organize the official medical records once we are authorized to do so.

During the consultation, we ask questions about what parents remember from labor, how quickly concerns were addressed, and what they were told when complications arose. We also talk about the child’s current condition, diagnoses, and treatment plan so we can start to understand potential future needs. By the end of the meeting, our aim is for families to have a clear sense of whether a birth injury attorney in Broward County can assist with further investigation, what that process would involve, and what information we will gather next on their behalf.

Frequently Asked Questions

What Is Considered a Birth Injury?

A birth injury is physical or neurological harm that occurs before, during, or shortly after delivery. In a legal case, the key question is whether a preventable medical error caused or worsened the injury, including errors associated with OB malpractice and hospital malpractice.

Common examples include:

  • HIE/oxygen deprivation injury tied to perinatal hypoxia
  • Brachial plexus injuries, including Erb's palsy
  • Intracranial bleeding
  • Fractures and nerve damage related to delivery complications

How Do I Know If a Birth Injury Was Due to Medical Malpractice?

A birth injury may involve malpractice if records show preventable mistakes that a competent provider would not have made under the same circumstances, and those mistakes are medically linked to the injury.

Examples can include:

  • Ignoring fetal distress
  • Delaying a necessary C-section
  • Improper use of forceps or improper use of a vacuum during delivery
  • Medication or dosing errors
  • Failure to monitor the mother or baby appropriately
  • Anesthesia errors or surgical errors during related procedures

What Compensation Can Be Recovered in a Birth Injury Case?

Compensation may include medical expenses, therapy, and long-term care costs, along with other losses supported by evidence. The total value depends on the injury severity, the child’s long-term needs, and what Florida law allows in the specific case.

How Long Do I Have to File a Birth Injury Claim in Florida?

Florida medical malpractice deadlines can be fact-specific and may depend on when the injury was discovered or should have been discovered. Because timelines and exceptions can be complex, a prompt review of the pregnancy and delivery timeline is important to protect a claim.

How Can Assist With My Birth Injury Case?

reviews records to assess whether care fell below the standard and caused harm, handles Florida’s pre-suit requirements, and pursues settlement or litigation depending on what the evidence supports, including claims involving OB malpractice, hospital malpractice, nursing errors, anesthesia errors, and surgical errors.

Contact Us for Support & Guidance

A birth injury can change a family’s life overnight. provides clear, practical guidance and manages the legal process so families can stay focused on care and stability at home.

Contact us at [[INVALID_TOKEN]] for a free consultation, where we will review your case details, discuss your options, and help you take the next steps towards securing a brighter future for your child. 

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    "The Whole Team is a 5-Star Entity!"
    What more can truly be said about this entire Law Firm other than the Whole team is a 5 star entity! Attorneys David Rash, David Brill and their ever Lovely and Super Smart and Compassionate Paralegal Lori Simmer became our legal team approx 4 years ago. I can honestly say that my wife and I were treated like personal family with this law firm from day one. The whole team all fought and worked extremely hard for us on a very difficult case! Everything was handled in a timely professional manner and we were regularly kept updated on how the case was going. Our case resulted in a "Big Win" for our family and we can now say that thanks to the Law firms of both David Rash and David Brill and Co-star Lori Simmer we now feel that we have received some "Justice" for the senseless loss of our beloved daughter Jessica. We cannot thank these law firms enough for their help in Winning our case! In closing we honestly Thank God that we found them and we would wholeheartedly recommend anyone looking for a Professional, Hardworking, Intelligent, Compassionate team of Lawyers to handle their case and "Fight for the Justice" that both you and your family deserve! Thank-you once again for everything and God Bless you all :-) We are Forever Grateful.....Sincerely Michael & Barbara Totillo
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    When I say..you’ve reached the right people..ur lucky to be in contact with them!! Although they couldn’t help me with my case. Leading up to the decision Lori kept in contact, showed empathy, and was straightforward with all detail! Lori told me more than my own doctors or the hospital did. I have closure because of HER! So I still won! My case was complicated to move forward due to other reasons..but she ain’t never let me down when speaking to her! She speaks to you as if she knew you forever! I appreciate this firm so much because before they say NO..they try, they listen, and they put work in!!! Thank you guys so much for everything!
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    From the first phone conversation with Lori, to the first time meeting with David and Jeff, all the way through and to the conclusion of my case, I felt as if these people truly cared about what happened to me. They didn’t just see a potential “case”. They were upset with my situation. They wanted to help. Through the years that this whole process takes, I have gotten to know them a bit better, and they have gotten to know me. I now consider them less “my legal team”, and more a part of my extended family, whether they realize it, or like it, or not. I so appreciate their kindness, genuine compassion, and “got my back” attitude. I hope you are never in a situation to need these folks, but if you ever are, I highly recommend talking to them and seeing if it’s a right fit for all.
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    I never thought that anything would ever happen to me that would lead me to post a review about this law office. Unfortunately, I was wrong and what happened was completely unimaginable so much so that police didn’t believe it at first. I was so confused and lost because it seemed that no one believed me. I googled malpractice in Florida and this was one of the offices that popped up. I called and spoke with Lori, the paralegal, and told her everything she believed me and Jeff and David did too. Due to what happened this wasn’t going to just be a civil lawsuit but a criminal one as well. They were a huge help in working with the police to get items that would prove my criminal case and would lead to felony arrest and jail time. They were there to talk to me all throughout the criminal case. Especially, Lori she truly cared and when I was all alone feeling that I wasn’t strong enough to get through this she was always there with good and caring advice. I was with this law firm for the past 3 years and Jeff and David are very compassionate and kind. From the attorneys to the paralegal they worked very hard and did so much that they have changed my life. If you are looking for an attorney office with experienced, knowledgeable, and compassionate staff. I promise they won’t let you down.
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    They were great every step of the way, keeping you informed. Also, their assistants and reps are wonderful with keeping you updated and communicating between Jeff and David. They leave no stone unturned and will make sure you know what to expect and what your rights are. I am forever grateful and highly recommend them.
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    David Rash is the kindest and most professional lawyer we have ever worked with. He is always timely in his responses to us and incredibly thorough. His experience and intelligence in his dealings makes working with him very easy. He was a godsend to us in a time of extreme duress. If you are looking for an excellent attorney, look no further. 5 STARS!
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