Table of Contents
When something goes wrong during childbirth, the outcome can be devastating for both the child and their family. If your baby experienced a lack of oxygen before, during, or just after delivery, you may still be searching for answers about what happened and whether it could have been prevented.
At Freidin Brown, P.A., our Miami birth asphyxia attorneys represent families whose lives have been changed by delivery room mistakes and medical negligence. Our team works closely with medical experts to evaluate what went wrong and pursue justice for the harm caused. We know this is a difficult time. Let our Miami birth injury lawyers help you understand your legal options and protect your child’s future. Call now for a free, confidential consultation. Se habla español.
Birth Asphyxia Can Result in Serious Harm to Babies
Birth asphyxia occurs when a baby doesn’t receive enough oxygen before, during, or shortly after delivery. Oxygen deprivation, even for a short time, can result in serious medical complications, some of which may affect the child for life. This condition may also be referred to as perinatal asphyxia, neonatal encephalopathy, or hypoxic-ischemic encephalopathy.
Oxygen is essential for a newborn’s developing brain and organs. When levels drop too low, cells begin to break down. The longer the brain is deprived of oxygen, the greater the risk of long-term damage. In some cases, children may recover with minimal lasting effects. In others, the damage is permanent and requires lifelong care. Birth asphyxia can lead to:
- Cerebral palsy
- Seizures
- Cognitive or motor delays
- Feeding difficulties
- Hearing or vision impairment
- Organ dysfunction or failure
Some signs of birth asphyxia appear immediately, while others take time to develop. Shortly after birth, a baby may have struggled to breathe, appeared unusually limp, or needed resuscitation. In some cases, seizures or feeding difficulties develop within the first days of life. Parents may later notice developmental delays, stiffness or floppiness in muscle movement, or challenges with coordination. Trouble sitting up, crawling, or meeting speech milestones can also point to neurological effects related to oxygen deprivation.
No two children experience the same symptoms in the same way. If you’re seeing patterns that concern you or have been told your child may have cerebral palsy or another condition linked to birth complications, it’s worth asking whether more could have been done at the time of delivery.
Birth Injury Due to Medical Negligence? Contact a Miami Lawyer Now for Expert Support!
Malpractice by Miami Providers Can Result in Preventable Harm
Birth asphyxia can occur for many reasons, but in some cases, it may have been preventable with appropriate care. Oxygen deprivation often results from complications that arise during labor or delivery, especially if healthcare providers fail to recognize or respond to signs of fetal distress. Some of the most frequently seen contributors to birth asphyxia include:
- Delayed C-section: When fetal distress is apparent, waiting too long to perform a cesarean delivery can lead to a dangerous drop in oxygen.
- Umbilical cord complications: Prolapsed, compressed, or wrapped cords can disrupt blood and oxygen flow to the baby.
- Placental issues: Abruption or insufficient placental function can reduce oxygen delivery during pregnancy or labor.
- Maternal infections or health conditions: Infections, high blood pressure, or other unmanaged complications may interfere with fetal oxygen levels.
- Improper use of labor-inducing drugs: Medications like Pitocin, when misused or overused, can cause overly strong contractions that restrict oxygen supply.
- Failure to monitor or respond to fetal distress: Inadequate fetal monitoring or misinterpreted heart rate patterns may delay critical interventions.
While not all complications are avoidable, healthcare providers are trained to recognize warning signs and respond quickly. When those steps aren’t taken, the consequences can be profound. If you believe your child’s condition may be linked to one of these issues, a legal review may help uncover whether the care provided met accepted medical standards.
Our Miami Attorneys Know How to Handle Complex Birth Injury Claims
Birth asphyxia cases are medically and legally complex, as they often require a deep understanding of what happened during labor and delivery. In these cases, proving that a provider’s actions directly caused long-term harm is not always straightforward.
That’s why families across Florida come to Freidin Brown, P.A. Our Miami-based firm takes a focused approach to every medical malpractice case. We limit the number of cases we accept so that our attorneys and paralegals can fully investigate each matter and dedicate the time required to build a strong claim.
At least two attorneys participate in strategy planning for every case, and our team works with medical specialists, economists, and life care planners who help us evaluate both what went wrong and what your child may need in the years ahead. This thorough, collaborative approach helps families seek justice and secure resources to support their child’s future.
Need Legal Support? Talk to a Miami Attorney for Free!
What Compensation Can Help Cover in a Miami Birth Injury Claim
When a child experiences a preventable birth injury like asphyxia, the effects can last a lifetime. Medical care may be needed not just in the weeks after birth, but for years to come. In some cases, one parent may need to stop working to provide full-time care. Families often face mounting expenses, emotional strain, and uncertainty about what the future will require.
A birth injury claim can help address those needs by seeking compensation for both economic and non-economic losses. These may include:
- Medical expenses: This includes costs already incurred, such as NICU care, diagnostic testing, and medications. We can also seek the costs of future treatment like surgeries, therapies, and specialist visits.
- Rehabilitation and support services: Many children with brain injuries caused by birth asphyxia require physical, occupational, or speech therapy.
- Future care needs: Life care planners can help estimate the cost of long-term support, home modifications, mobility equipment, or assisted care.
- Pain and suffering: While harder to quantify, the emotional and physical hardship your child and family experience is an important part of the legal picture.
- Wrongful death damages: In cases where birth asphyxia leads to an infant’s death, additional compensation may be available for funeral costs, emotional suffering, and loss of companionship.
Every case is different, and your child’s needs are unique. Our team works with trusted experts to evaluate the full impact of the injury and pursue the compensation necessary to support your family moving forward.
Our Birth Injury Attorneys Will Help You Explore Your Next Steps
If you believe your child’s condition may be linked to a birth injury, it’s important to take action, even if you’re still unsure of exactly what went wrong. Requesting your medical records, speaking with your child’s specialists, and having a Miami attorney review your case can help you begin to understand what happened and whether it could have been prevented.
At Freidin Brown, P.A., we offer free and confidential consultations for families navigating these difficult questions. We can walk you through your legal options, explain the steps involved in a claim, and help you make an informed decision about what comes next. Call today to speak with a member of our team. We can meet with you by phone, over Zoom, or in person at our office located in the heart of Downtown Miami.
FAQs About Birth Asphyxia Cases
How Long Do I Have to File a Birth Injury Lawsuit in Florida?
Birth injury cases in Florida are subject to the statute of limitations outlined in Florida Statutes § 95.11. While families generally have a limited time to file a claim, there are important exceptions, especially when the injury involves a child. A child’s age at the time of the injury may affect how long you have to take legal action, and these timeframes are still strictly enforced.
In addition to filing deadlines, Florida law requires that you provide formal notice to all prospective defendants before a medical malpractice lawsuit can begin. This process includes obtaining expert support and giving providers a chance to respond. If you fail to follow the presuit requirements and deadlines, you could lose your right to seek compensation entirely.
Due to these complex rules and exceptions, it’s crucial to consult with a lawyer as soon as possible. A timely legal review can help protect your ability to move forward.
Will My Child’s Birth Asphyxia Case Go to Court?
Most medical malpractice cases are resolved outside of court through settlement negotiations. That said, some do proceed to trial, especially if the healthcare provider or their insurer refuses to accept responsibility. At Freidin Brown, P.A., we prepare every case as though it may go to court. That preparation often leads to stronger outcomes, whether through trial or settlement.
You won’t have to make that decision alone. Our Miami attorneys will guide you through the process and help you understand what’s best for your family.
What Is My Child’s Birth Injury Case Worth?
There’s no standard payout for a birth injury case because every child’s needs and every family’s losses are different. The value of a claim depends on a range of factors, including the severity of the injury, the cost of medical care and future therapies, the impact on your child’s quality of life, and how the injury has affected your ability to work or care for them.