Birth Fracture Lawyers in Weston
40 Years of Collective Legal Experience in Birth Injury Cases
We represent families whose babies sustained skull fractures and other broken bones during delivery. At Rash Mueller, we address the medical and legal questions surrounding these injuries.
For families in Weston, we examine how the fracture occurred, whether the delivery team responded appropriately, and how the injury has affected the child and family. Careful review may be necessary even when the bone is expected to heal.
Call (954) 914-7116 to discuss your baby’s delivery fracture and the next steps available to your family.
Fractures & Delivery Events That May Require Investigation
Birth fractures can affect different bones depending on the circumstances of labor and delivery. The diagnosis alone doesn’t prove negligence, but it can raise questions about how the baby was handled and whether delivery instruments were used appropriately.
Fractures that may occur during birth include:
- Clavicle fracture: A break in the collarbone, sometimes associated with a difficult passage through the birth canal.
- Skull fracture: A break involving one or more skull bones that requires review of delivery forces and newborn findings.
- Humerus fracture: A break in the upper arm bone that may occur when the arm or shoulder is subjected to force.
Excessive traction, twisting, or forceful handling may contribute to a physical birth injury. Shoulder dystocia occurs when a baby’s shoulder becomes impacted after the head has been delivered and also requires close examination. If forceps or vacuum extraction was used, the records should show why the instrument was selected and how the delivery proceeded.
A claim based on negligent care generally requires proof of:
- A provider-patient relationship.
- A departure from the accepted standard of care.
- A causal connection between the negligence and the injury.
- Legally recognized damages.
Florida Deadlines & Pre-Suit Requirements
Florida medical malpractice actions generally must be brought within two years after the incident or discovery of the injury. A four-year outer limit from the incident date may also apply, subject to exceptions and the specific facts. Florida’s Tony’s Bill allows many claims brought on behalf of a child to avoid that outer limit until the child’s eighth birthday, but families shouldn’t assume every claim remains available that long.
Before filing a lawsuit, Florida requires a good-faith pre-suit investigation supported by a verified written opinion from a qualified medical professional. A notice of intent to sue must also be provided to each health care provider named in the proposed claim. Early review is important because records must be gathered and the investigation completed within the applicable legal deadline.
The Florida Birth-Related Neurological Injury Compensation Association plan, commonly called NICA, provides no-fault benefits for qualifying birth-related neurological injuries involving the brain or spinal cord. A bone fracture by itself generally isn’t covered because it’s a physical injury rather than a qualifying neurological injury. The child’s complete diagnosis and delivery history determine which claim pathway may apply.
How We Prepare a Birth Fracture Claim
We begin by establishing a clear timeline of the delivery, the fracture diagnosis, and the care the child received afterward.
Our process includes:
- Evaluating the circumstances surrounding labor, delivery, and the diagnosed injury.
- Reviewing available medical records and evidence related to the birth.
- Filing required notices and formal complaints under Florida law and applicable court procedure.
- Preparing the claim for negotiation or trial.
Our broader medical malpractice record includes a reported $19,500,000 case result. Every birth fracture claim depends on its own evidence, and a prior result doesn’t predict what may happen in another family’s case.
Potential Compensation for a Birth Fracture
Compensation depends on the evidence, the severity of the injury, and the damages established. When supported by the case, we may seek recovery for the fracture’s financial and personal effects.
Eligible damages may include:
- Past, current, and future medical expenses.
- Lost income and pain and suffering.
- Necessary home modifications and equipment.
Florida currently has no cap on noneconomic damages in medical malpractice claims. These damages address losses such as pain and suffering that don’t have a direct bill or receipt. Any amount available remains specific to the proven harm in each case.
Delivery Records for Weston Families
The delivery location matters because the facility and medical providers maintain records documenting labor, interventions, and the newborn assessment. Cleveland Clinic Hospital in Weston doesn’t provide inpatient labor and delivery care, while Memorial Regional Hospital operates the Dr. Henry D. Perry Family Birthplace in the region.
We review records from the facility where the baby was delivered rather than assuming care occurred at the hospital closest to the family’s home. Those records may establish when complications arose, whether forceps or vacuum extraction was used, and when signs of a fracture were first documented.
Have Your Birth Fracture Claim Evaluated
We offer free consultations for birth injury cases and handle them on a no recovery, no fee basis. You can tell us what happened without paying an upfront attorney’s fee.
Call (954) 914-7116 to discuss your next steps with Rash Mueller.
Hundreds of Millions Won on Behalf of Our Clients
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$14,000,000 Trucking Crash Case
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$19,500,000 Medical Malpractice
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$9,000,000 Maritime Claim
Hear From Our Happy Clients
At Rash Mueller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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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- Michael Totillo
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"Lori kept in contact, showed empathy, & was straightforward with all detail!"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!- Adrian W.
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"I so appreciate their kindness, genuine compassion, & 'got my back' attitude."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.- Joel F.
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"Jeff & David are very compassionate, kind & won't let you down."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.- Tiffany S.
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"They leave no stone unturned & will make sure you know what to expect and what your rights are."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.- King F.
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"Wonderful team! Great group of people, very attentive to clients."Wonderful team! Great group of people, very attentive to clients, left us with no doubts in our process and stood by us til everything was taken care of. Would definitely recommend to others!!!- Jennica P.
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"Highly recommended. They are professional, accommodating, and great with communication."They are the best! Highly recommended. They are professional, accommodating, and great with communication. I would not go to anyone else.- Brandon
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"e was a godsend to us in a time of extreme duress. If you are looking for an excellent attorney, look no further. 5 STARS!"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!- Mindy A.