Birth Injury Attorney Miami-Dade County

Contact Our Birth Injury Lawyer in Miami-Dade County for Support

We know that having a child who has suffered a birth injury can not only be heartbreaking, but can completely change your entire family’s life permanently. It's important that you and your family were able to cope financially, emotionally, and physically. We encourage you to speak with our team about pursuing a claim.

Why Choose Our Miami-Dade County Birth Injury Lawyer?

• No recovery, no fee!
• 40 years of collective legal experience and counting

Trusted Legal Counsel for Birth Injury Cases in Miami-Dade County

Giving birth is one of the most beautiful and exhilarating experiences a woman can go through in life. When you choose to go to a hospital to give birth, you expect that the doctor, nurses, and any staff involved will be responsible and operate under a high standard of care. But accidents do happen.

Our Miami-Dade County birth injury attorneys take pride in holding medical professionals accountable for their actions and ensuring they adhere to expected standards. By partnering with us, you gain access to a team dedicated to uncovering the truth and advocating for justice on behalf of your family. Our commitment extends beyond legal representation, as we provide ongoing guidance and support, helping families to rebuild and find hope after such a traumatic experience.

There are several important reasons to work with a birth injury attorney in Miami-Dade County:

• Strong local understanding: Our familiarity with Miami-Dade County hospitals and medical facilities helps us evaluate your situation with relevant knowledge.
• Dedicated advocacy: We ensure your voice is heard and your case is presented thoroughly, drawing on many years of experience in this field.
• Accountability for negligence: Our team emphasizes uncovering negligence and advocating for safer local healthcare practices.
• Comprehensive support: We prioritize supporting families emotionally and logistically through each stage of the legal process.

Common Birth Injury Cases We Handle

• Brain damage
• Cerebral palsy
• Brain swelling
• Nerve damage
• Skull fractures
• Erb's Palsy
• Improper Use of Forceps

If your baby has suffered injuries during labor or the course of your pregnancy, the results can be devastating. Our team at Rash Mueller can aggressively fight on your behalf and help you seek the compensation your family deserves. We truly care about seeing that justice is served and that the medical professionals who behaved negligently are held accountable.

Understanding Your Compensation Rights in Birth Injury Claims

You will likely be facing many years of medical expenses and a variety of other costs associated with these types of injuries. Infants who suffer birth injuries usually require long-term care and treatment, which can be a huge burden for parents. You deserve to be compensated for all costs associated with your child’s birth injuries. We can help you fight for compensation to cover lifetime medical bills, lost wages, pain and suffering, and special accommodations your child may need in the future.

Families in Miami-Dade County may be entitled to several types of compensation for birth injuries:

• Medical expenses: This includes past, current, and anticipated future care, such as hospital stays, therapies, and surgeries related to the injury.
• Lost income: Compensation for a parent’s lost income if time off work is required to care for the child as a result of the injury.
• Pain and suffering: Recovery for the physical and emotional impacts experienced by the child and their family.
• Home modifications and equipment: Financial assistance for wheelchairs, home alterations, or essential devices that support a child’s daily needs.

The Process of Pursuing a Birth Injury Case in Miami-Dade County

We want families to be as prepared as possible before filing a claim. 

Below are several important considerations to help you anticipate what to expect during the legal process:

• Case evaluation and evidence review: Assessing if injuries resulted from negligence, including reviewing records from local care providers like Jackson Memorial Hospital or area birthing centers.
• Filing of necessary legal paperwork: Preparing notices and formal complaints as governed by Florida law and Miami-Dade County court procedures.
• Negotiation or trial preparation: Attempting to negotiate a fair settlement with the responsible party’s insurance, or preparing to present the case in front of a Miami-Dade County jury if needed.

Proving Malpractice in Birth Injury Claims

Welcoming a new baby can quickly turn into a nightmare if complications lead to a birth injury, leaving families in Weston and the surrounding community facing immense emotional distress, overwhelming medical expenses, and the long-term care needs of their child. Even at reputable local hospitals, injuries can result from negligence or oversight, forcing parents to grapple with significant financial and emotional burdens. Our dedicated Weston birth injury attorneys are here to help you understand your rights, pursue the compensation needed for your child's future care, and hold responsible parties accountable so you can focus on your family's well-being.

Forms of Medical Malpractice in Birth Injury Cases

• Twisting & Pulling: An inexperienced, exhausted, or hasty doctor may mishandle a child during delivery, twisting and pulling the child dangerously, so they may exit the birth canal. Any sort of violent or aggressive motions can permanently injure an infant.
• Mishandling Equipment: In some births, medical equipment is used to assist the mother. Proper use of such equipment makes the process easier; improper use can cause serious harm to the mother and her child.
• Failure to Diagnose: More difficult to prove through evidence, failing to diagnose a problem with an unborn child’s health can cause them to be born with injuries or illnesses. Obstetricians must closely monitor a mother and her child up to the day of birth to avoid issues.
• Dangerous Medications: If a mother requires medication while she is pregnant or during childbirth, it must be carefully administered to avoid negatively affecting her child. Some birth injury cases involve lifelong disabilities caused by prescription medications that should have never been approved.

Identifying Liability in Birth Injury Claims in Miami-Dade County

• Doctors: The simplest, most likely candidate for liability is also most often the correct one. A doctor who does not perform to the best of their abilities each and every time they assist in childbirth can be held accountable for any damage they cause the mother or her infant.
• Nurses: Other medical professionals present during your child’s birth may be found at fault for any resulting birth injuries. If a nurse hands the doctor the wrong tool or fails to monitor the mother for abnormalities, the result could be an injury.
• Hospitals: An entire hospital may be at fault for a birth injury if they failed to ensure that their employees are properly trained and use correct procedures to assist birthing. Failing to provide doctors with adequate facilities can also cause a hospital, which is technically a corporation, to be liable.
• Pharmaceutical Companies: In relation to dangerous medications given to pregnant mothers, pharmaceutical companies could be found liable for a birth injury if they have manufactured dangerous substances without adequately warning pharmacists.

Local Support for Birth Injury Cases in Weston, FL

The joy of welcoming a new baby can quickly turn into a nightmare if complications arise during delivery. Families in our community face the harsh realities of emotional distress, medical expenses, and the long-term care needs of a child who has suffered a birth injury. Even in reputable local facilities like Broward Health Medical Center, birth injuries can occur due to negligence or oversight. When this happens, parents are often left grappling with overwhelming emotional and financial burdens, including the need for ongoing treatment and therapy for their child.

We recognize that many families in Weston are concerned about the implications of birth injuries. The stress of dealing with medical bills, therapy costs, and the emotional toll on the family can be immense. Our legal team is here to help you understand your rights and pursue the compensation you deserve. We are highly familiar with local healthcare providers and can assist you in gathering the necessary evidence to support your claim for negligence.

Understanding Birth Injury Law in Miami-Dade County

Miami-Dade County, as part of Florida, adheres to specific statutes that govern medical malpractice claims, crucial for cases involving birth injuries. Understanding these legal nuances helps families effectively navigate the claims process. Florida law requires that medical malpractice claims meet certain criteria, including proving that the healthcare provider's conduct fell below the accepted standard of care. 

Additionally, there are statutes of limitations in Florida that limit the time frame in which families can file a claim. In most cases, the deadline is two years from the discovery of the injury; however, certain exceptions extend this limit. Knowing these deadlines ensures relatives make timely decisions about legal actions related to their child's birth injury. 

FAQs About Birth Injury Claims

What Is a Birth Injury?

A birth injury refers to any harm a baby sustains during the birthing process, often due to complications or the medical team's actions. These injuries can vary widely in severity, from minor bruising or fractures to more significant conditions, such as cerebral palsy, which can affect a child for life. It's important to understand that while some injuries are unavoidable, others may result from medical negligence.

How Long Do I Have to File a Birth Injury Claim in Miami-Dade County?

In Miami-Dade County, like the rest of Florida, the statute of limitations for filing a birth injury claim typically is two years from the discovery of the injury. However, the statute of repose provides an ultimate deadline of four years from the date of the incident, regardless of the discovery date. Certain circumstances may extend these limits, such as cases involving fraudulent concealment or minors unable to act on their behalf.

What Types of Compensation Are Available in Birth Injury Claims?

Compensation for birth injury claims can cover a range of damages, including medical expenses for past and future care, pain and suffering, and any required modifications to the home to support the injured child. Families may also seek compensation for lost income if a parent has to reduce work hours to care for their child. Our attorneys ensure every potential compensation avenue is explored.

How Can a Birth Injury Lawyer in Miami-Dade County Help Me?

A birth injury lawyer assists by providing legal guidance, gathering and reviewing essential evidence, and negotiating with insurance companies and opposing counsel. A skilled attorney is crucial to effectively pursue a claim, ensuring medical professionals are held accountable and securing fair compensation. Our lawyers offer compassionate support and strategic advocacy tailored to each family's unique circumstances.

What Evidence Is Needed to Prove a Birth Injury Claim?

Proving a birth injury claim requires detailed medical records, testimony, and documentation of the mother's prenatal care, labor, and delivery process. Gathering witness statements, if available, adds support to the claim. Photographs or videos of the birth process can further corroborate instances of negligence. Our firm works meticulously to collate this information, ensuring a robust legal argument.

Please call (954) 914-7116 to speak with our Weston birth injury attorney. Request your initial consultation!