Birth Trauma Attorney in Miami-Dade County
We’ve Secured $7.75 Million in a Birth Trauma Case. We’re Ready to Fight for Your Family.
Birth trauma is a legally distinct category of harm. It refers to physical injury caused by the mechanical forces of labor and delivery, not oxygen deprivation alone, and it often traces back to a specific act of negligence by a physician, nurse, or hospital. When a delivery goes wrong in a way that leaves a child with permanent injury, families deserve to understand what happened and whether someone was legally responsible.
We have handled these cases. Our firm secured a $7,750,000 settlement in a birth trauma case where a hospital and OB-GYN failed to transfer a mother with severe preeclampsia to a tertiary care center. The result was placental blood flow damage and a baby born with cerebral palsy and spastic quadriplegia. That outcome reflects the kind of case we take on: complex, high-stakes, and against institutions that have every incentive to deny liability.
If your child was injured during delivery, we offer a free consultation with no fee unless we recover for you. Call our birth trauma attorneys at (954) 914-7116 to discuss your case.
Why Miami-Dade County Families Choose Rash Mueller
Birth trauma cases against hospital systems involve obstetric records, fetal monitoring strips, delivery notes, and independent medical expert analysis. Institutional defense teams are well-funded and experienced at limiting exposure. We’re not deterred by that. Our attorneys have over 40 years of collective medical malpractice experience, and our litigation record includes a $19,500,000 medical malpractice result and hundreds of millions recovered for clients across practice areas.
David C. Rash holds an AV Preeminent Martindale-Hubbell rating, is recognized by Best Lawyers and Best Law Firms at the Regional Tier 1 level, and is a multi-year Super Lawyers designee. We serve clients throughout Miami-Dade County, including Coral Gables, North Miami Beach, and the surrounding South Florida region.
How Birth Trauma Malpractice Happens
Physical delivery injuries follow recognizable patterns, and understanding how they occur is essential to identifying who may be liable and what standard of care was breached.
Forceps Misuse
Improper placement or excessive traction with forceps can fracture a baby’s skull, damage facial nerves, or cause brachial plexus injuries that can permanently affect arm function.
Vacuum Extractor Misuse
Excessive suction or prolonged vacuum application can cause cephalohematoma, subgaleal hemorrhage, or intracranial bleeding. These injuries aren’t always apparent immediately after delivery.
Shoulder Dystocia Mismanagement
When a baby’s shoulder becomes impacted behind the pubic bone during delivery, the clock moves fast. Improper maneuvers in response to shoulder dystocia can injure the brachial plexus nerve network, resulting in conditions such as Erb’s palsy or Klumpke’s palsy.
Delayed or Failed C-Section
When fetal monitoring strips signal distress and the medical team delays surgical intervention, the resulting trauma can compound injury significantly. A timely decision to perform a cesarean can be part of the standard of care in many high-risk delivery situations.
Liability in these cases may fall on the delivering physician, nursing staff, the hospital, or multiple parties. Hospitals may bear responsibility when they lack appropriate staffing, fail to train personnel, or don’t have the facilities to manage high-risk deliveries safely.
What Families Can Recover in Miami-Dade County Birth Trauma Cases
When birth trauma results in a permanent condition such as cerebral palsy, brachial plexus damage, or another lasting disability, the financial consequences can extend across a lifetime. A full damages claim addresses both what families have already spent and what lies ahead.
Recoverable damages may include:
- Medical expenses: Past and future surgeries, therapies, hospital stays, and developmental services
- Specialized equipment and home modifications: Wheelchairs, adaptive devices, and structural changes to the family home
- In-home nursing care: Long-term care costs when a child requires ongoing assistance
- Lost parental income: Wages lost when a parent must reduce hours or leave employment to serve as a caregiver
- Future earning capacity: Compensation for the child’s reduced ability to work when the injury causes permanent cognitive or physical limitations
- Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life for the child and the family
Florida law governs what damages are available in birth trauma malpractice claims. Certain caps and procedural rules apply depending on how the case is classified, which is one reason early legal review matters.
Florida’s Deadlines for Filing Birth Trauma Claims
Florida gives families two years from the date an injury was discovered, or reasonably should have been discovered, to file a birth trauma malpractice claim. A four-year statute of repose applies regardless of the discovery date, meaning no claim may be filed more than four years after the negligent act occurred.
There are important exceptions. Claims brought on behalf of a minor can’t be barred before the child’s eighth birthday. In cases involving fraud, concealment, or intentional misrepresentation, the limitations period may extend further, though Florida law caps that extension at seven years from the date of the incident.
Some birth trauma injuries, including brachial plexus damage and certain neurological conditions, aren’t fully apparent until a child reaches developmental milestones. That uncertainty affects when the discovery clock begins and is one reason why speaking with a birth trauma lawyer in Miami-Dade County as early as possible matters.
Florida’s Medical Malpractice Act also requires a pre-suit investigation before a lawsuit may be filed. This process involves gathering medical records, obtaining expert review, and serving notice on potential defendants. It takes time, which is another reason not to delay.
Talk to a Birth Trauma Lawyer About Your Case
If your child was injured during labor or delivery at a Miami-Dade County facility, including cases involving deliveries at major institutions such as Jackson Memorial Hospital, we can review what happened and tell you whether a malpractice claim may be viable. Our birth trauma attorneys handle cases on a contingency basis: no fee unless we recover compensation for your family.
Contact Rash Mueller for a free consultation. Call (954) 914-7116 or reach us through our online contact form to get started.
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.