While patients expect excellent care from doctors and other medical professionals, the unfortunate reality is that healthcare professionals can and do make mistakes. Careless or negligent choices can mean that newborns could face serious injuries and a lifetime of medical care. If you suspect your baby’s injuries were caused by medical malpractice, we urge you to call our Doral birth injury lawyers for help.
Freidin Brown, P.A. is a medical malpractice firm dedicated to righting the wrongs of negligent providers and facilities. We understand what it takes to build a claim and hold medical professionals liable for their negligence, and we are ready to get to work on your behalf. Please call our office today to get started with a free case evaluation. Se habla español.
How Do I Know if My Child’s Birth Injury Was Caused by Negligence?
Determining if an injury was caused by medical malpractice is no simple matter. It requires a thorough understanding of Florida malpractice laws and the ability to back up claims of negligence through solid evidence.
The complex nature of medical care can mean that a child’s injury, even if caused by error, does not always indicate negligence. In order to prove that malpractice occurred, our lawyers must focus on:
- Establishing a Standard of Care: There are certain expectations for the level of care that providers give their patients. We must establish a baseline of what another reasonably competent professional in the same profession and situation would have done.
- Demonstrating a Breach of the Standard: Once we determine the standard of care, it is our job to show that your child’s provider acted against this standard of care. For example, a doctor who does not act on the telltale signs of jaundice could put the child at risk of serious and irreversible conditions.
- Proving Causation: Showing a breach in the standard of care is not enough—our team must be able to directly link the professional’s actions to your newborn’s injuries. Some injuries and illnesses at birth can happen regardless of your team’s level of care, so a clear cause and effect is crucial.
- Showing Proof of Losses: Another important element of medical malpractice is the presence of damages. Our team needs to provide clear proof of losses, including financial, physical, and emotional harm.
Our firm has spent over 45 years dealing with these claims, and we have unique insight and experience that we draw on with every birth injury case.
Birth Injury Due to Medical Negligence? Contact a Doral Lawyer Now for Expert Support!
Big Firm Resources, Small Firm Advantages
If you suspect that someone’s negligence caused your child’s birth injuries, seeking help from the right firm is crucial. Not all injury firms are able to handle the demanding requirements of a birth injury claim. Some firms lack the legal resources that these cases demand, while others do not offer the dedication or compassion that families deserve.
At Freidin Brown, P.A., you work with a legal team that prioritizes personalized care and extensive preparation for every client we represent. Here’s what you can expect when working with our firm:
- We make sure at least two lawyers are available to help plan your case and oversee strategy development.
- Our team has access to medical professionals who assess the actions of providers and help us determine whether providers acted negligently.
- Our lawyers draw on experts like economists and life care planners who help us evaluate the full extent of your family’s losses.
- Our firm has two Board Certified civil trial attorneys, and we are more than prepared to take your case to trial if settlement negotiations are not successful.
Our team not only has a history of taking on tough malpractice claims, but we have a history of delivering results.
Please call our firm now to get started with a free case evaluation—we are ready to get to work for you.
We Represent Doral Families Dealing With Many Types of Birth Injury Claims
Medical negligence before, during, or after delivery can lead to devastating and life-altering birth injuries. At Freidin Brown, P.A., we represent families in Doral whose children have been harmed by preventable medical errors at every stage of childbirth.
During Pregnancy
During pregnancy, providers must closely monitor both maternal and fetal health to identify early risks of injuries. When conditions like preeclampsia or maternal infections are not diagnosed or managed properly, they can lead to serious birth injuries—even before labor begins.
During Labor
Many birth injuries occur during labor and delivery, often due to negligent decisions or delayed responses from healthcare providers. Conditions like cerebral palsy, brachial plexus injuries, and hypoxic-ischemic encephalopathy (HIE) may result when a provider fails to act appropriately.
Some potential causes of these and other injuries in labor include:
- Failure to detect or treat fetal distress: When a fetus is not getting enough blood or oxygen, it can experience fetal distress and suffer brain damage and other injuries. Providers should be monitoring the fetus’s heartbeat and managing the factors contributing to the distress.
- Injuries from tools: Forceps and vacuums can cause fractures, brain bleeds, and nerve damage with negligent use.
- Medication errors: Medicine like oxytocin is used to speed up and stimulate contractions during labor. However, improper administration can cause the uterus to contract too quickly and cause fetal distress, leading to oxygen deprivation and other injuries.
- Failure to order a C-section: There are many situations that can make vaginal births dangerous. If a provider negligently delays a C-section or fails to recognize the issues that make a C-section necessary, babies and mothers can face serious health concerns and even death.
After Birth
Some injuries develop in the hours or days after delivery, often due to a provider’s failure to provide proper care. When medical professionals miss symptoms, delay treatment, or fail to educate parents about the next steps, preventable conditions can quickly become permanent harm.
Unfortunately, our firm has seen these types of provider failures multiple times. In one such case, our client’s child was born with retinopathy of prematurity (ROP). ROP can occur in premature babies, but proper detection and treatment can often prevent permanent blindness. The medical team failed to ensure proper follow-up care and did not educate the parents on the disease. This negligence caused the child’s blindness.
If a medical provider commits these or other forms of malpractice, Freidin Brown, P.A. is here to help.
Need Legal Support? Talk to a Doral Attorney for Free!
What Compensation Can Families in Doral Seek for Injured Children?
Birth injuries are incredibly difficult for families to manage, as the immediate costs and anguish can be overwhelming. The future losses and struggles are also a concern for parents, and it can be hard to know what your family will need.
The team at Freidin Brown, P.A. is here to pursue every potential loss your family has suffered. While your losses will depend on the details of your child’s case, we can help seek damages such as:
- Current medical expenses
- Medical costs your family may need in the future
- Pain and suffering and emotional anguish
- Out-of-pocket expenses for in-home health care, travel costs for treatment, and other needs
- Loss of quality of life
Sometimes, provider negligence can cause fatal injuries or stillbirth. If your family is dealing with this, please know that we can help you pursue wrongful death damages. Your family deserves recognition for your tragic loss, and we are here to provide professional and compassionate care during this difficult time.
Let Our Doral Team Represent Your Child’s Case Today
When your family is struggling with the outcome of a provider’s negligent care, the last thing you need to worry about is finding the right medical malpractice lawyer. Freidin Brown, P.A. is ready to put over 100 years of combined legal experience to work for you today, so please call our firm. Our birth injury team is ready to help protect your child’s rights.
Frequently Asked Questions About Birth Injury Claims
What Is the Average Payout for Birth Injury?
There is no specific average for birth injury claims in Florida. No matter how similar the details of one case may seem to another, victims can have extremely different losses and needs. There are many factors that can impact your family’s potential payout, and they include:
- The extent of your child’s injuries and medical needs
- The emotional distress the injury causes to your family
- The other types of financial losses and expenses
- The strength of evidence in your child’s case
- A law firm’s experience with handling birth injury cases
Even the choice to accept a settlement offer or pursue a verdict in court can influence how much families may recover.
How Long Can You Sue for Birth Injury?
When it comes to birth injury claims, the statute of limitations is quite nuanced. The age of your child and other elements can change the deadlines set forth in Florida Statutes § 95.11. The sooner you can take action, the better—if you miss the deadline for filing a suit, you may not be able to pursue compensation for your child. Acting as soon as possible also lets our team gather time-sensitive evidence.
How Long Will a Birth Injury Claim Take?
There is no way to predict exactly how long your child’s claim will take. Investigation, evidence collection, negotiation, litigation, and other procedures take time. Successful settlement negotiations can shorten the timeline, but if your case needs to go to trial, it will be at least a year before the case is resolved.
If you work with our firm, our team is prepared to help you navigate your child’s malpractice claim, no matter how long it takes.