Birth Injury Lawyers

A birth injury refers to any harm or injury that occurs to a newborn during the labor and delivery process or shortly after birth. Birth injuries can result from various factors, including medical negligence, complications during childbirth, or unforeseen circumstances.

It's important to note that not all birth injuries are the result of medical negligence. Some birth injuries are an unfortunate consequence of complex or difficult deliveries. However, in cases where a birth injury is caused by medical negligence, such as errors in prenatal care, mismanagement of complications during delivery, or improper use of medical devices, legal recourse may be available to seek compensation for the harm suffered.

If you suspect that your child has sustained a birth injury due to medical malpractice, it's essential to consult with an experienced birth injury attorney who can evaluate your case, gather relevant medical records and expert opinions, and guide you through the legal process of seeking justice and compensation for your child's injuries.

If you believe your child has been the victim of a birth injury, please call the UD Miami birth injury lawyers at (305) 330-2397 or use our convenient online form to see if we can help.

What are the most common types of birth injuries?

The most common types of birth injuries vary depending on factors such as the circumstances of the delivery, the size and position of the baby, and the medical interventions involved. Some of the most common types of birth injuries include:

  1. Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain injury that occurs when the baby's brain is deprived of oxygen and blood flow during or shortly after birth. It can lead to long-term, severe neurodevelopmental disabilities.

  2. Brachial Plexus Injuries: The brachial plexus is a network of nerves that controls movement and sensation in the arms and shoulders. During a difficult delivery, these nerves can be stretched or torn, leading to conditions such as Erb's palsy or Klumpke's palsy. These injuries may cause weakness or paralysis in the affected arm.

  3. Erb's Palsy and Klumpke's Palsy: These are forms of brachial plexus injuries that can occur during difficult deliveries, particularly when excessive force is applied to the baby's head, neck, or shoulders. Erb's palsy involves damage to the upper nerves of the brachial plexus, leading to weakness or paralysis of the affected arm. Klumpke's palsy involves damage to the lower nerves of the brachial plexus, resulting in weakness or paralysis of the hand and forearm. Depending on the severity of the injury, these conditions can lead to lifelong functional impairments in the affected limb.

  4. Fractures: The clavicle (collarbone) is the most commonly fractured bone during childbirth, especially in difficult deliveries or instances of shoulder dystocia. Fractures of the other bones, including the skull, can also occur, but they are relatively rare.

  5. Retinopathy of Prematurity (ROP): A potentially blinding eye disorder that primarily affects premature infants. It occurs when the blood vessels in the retina, the light-sensitive tissue at the back of the eye, do not develop properly. ROP most commonly affects babies born very prematurely, typically before 31 weeks of gestation, or those with a very low birth weight.

  6. Kernicterus: Hyperbilirubinemia, also known as jaundice, is a condition characterized by the accumulation of bilirubin in the bloodstream. Bilirubin is a yellow pigment that is produced when red blood cells break down. It is typically processed by the liver and excreted from the body. The baby’s liver may not be able to effectively process and eliminate bilirubin, leading to its buildup in the blood. Severe hyperbilirubinemia can lead to a condition called kernicterus, where bilirubin breaches the blood-brain barrier. Kernicterus is a rare but potentially serious complication that can cause brain damage and neurological problems if left untreated.

It's important to note that while these birth injuries can occur, many of them are minor and resolve without long-term consequences. However, in cases where a birth injury results in significant and lasting harm to the baby due to medical negligence or malpractice, legal action may be pursued to seek compensation for the child's injuries, medical expenses, and future care needs.

What kinds of damages are available to victims of birth injuries?

In Florida, if a birth injury occurs due to medical negligence or malpractice, various types of damages may be available to the affected parties. The specific damages awarded in a birth injury depend on the circumstances and the extent of the injury. Here are some common types of damages that may be sought:

  1. Medical Expenses: This includes compensation for past, current, and future medical expenses related to the birth injury. It covers costs such as hospital bills, surgeries, medication, rehabilitation, therapy, assistive devices, and any necessary ongoing medical treatment.

  2. Pain and Suffering: Damages for pain, suffering, and emotional distress experienced by the child as a result of the birth injury may be sought. This includes physical pain, mental anguish, emotional trauma, and the impact on the child's overall quality of life.

  3. Disability and Impairment: If the birth injury results in long-term or permanent disabilities or impairments, the child may be entitled to compensation for the loss of physical or cognitive function, diminished quality of life, and the need for ongoing care and support.

  4. Lost Earnings: In cases where the birth injury is severe enough to impact the child's future earning capacity, damages may be awarded to compensate for the potential loss of income or reduced earning potential.

  5. Rehabilitation and Therapy: Compensation may be sought for the cost of rehabilitative services, therapy (such as physical, occupational, or speech therapy), and other necessary treatments to aid the child's development and recovery.

  6. Home Modifications and Assistive Devices: If the birth injury necessitates modifications to the home or the need for assistive devices (such as wheelchairs, walkers, or communication aids), the cost of these accommodations may be included in the damages sought.

  7. Loss of Enjoyment of Life: If the birth injury significantly impacts the child's ability to enjoy certain activities or experiences that are typical for their age, damages may be awarded to compensate for the loss of enjoyment of life.

It's important to consult with an experienced birth injury attorney in Florida who can assess the specific details of the case and provide guidance on the potential damages that may be available. They will help build a strong case to pursue appropriate compensation for the child's injuries, ongoing care, and future needs.

  • *The information provided on this website is for general educational purposes only. This information is not legal advice and does not create any attorney-client relationship.