Parents expect providers to safely deliver their child into the world. However, negligent actions can quickly mean that a child is hurt or sick, leaving your family reeling. Instead of bringing your child home, you may be in the hospital, watching your child suffer from preventable harm. This is a painful experience, and the Coral Gables birth injury lawyers at Freidin Brown, P.A. are here to hold providers and facilities accountable for harm.
Birth injuries can leave families with costly bills and emotional anguish, especially when children have long-term or even permanent medical needs. For over 45 years, our firm has helped families just like yours fight for accountability and compensation. With over 100 years of combined experience and recoveries over $500 million, our Coral Gables medical malpractice lawyers are well-equipped to represent your family.
As soon as you suspect medical negligence, we urge you to call our firm for a free consultation, 24/7. Se habla español.
What Can a Lawyer Do for My Family’s Birth Injury Claim?
Malpractice cases are very demanding injury claims. The standards for proving medical malpractice are quite complex. Access to top medical professionals is crucial, as they can help provide essential reports and testimonies on your baby’s injuries and the standards for various medical fields.
If you work with Freidin Brown, P.A., you have a firm that is committed to excellent legal representation. Our team draws on decades of legal experience to craft a case strategy that strengthens your claim for damages. At least two of our lawyers work on building your case, and we ensure our team has the time and attention to devote to your case by selectively choosing cases to represent. If you work with our team, you can expect us to:
- Gather and analyze evidence, including medical records, hospital bills, eyewitness testimonies, and expert reports.
- Protect you from insurance companies, by handling all communication to prevent these parties from using your words against you.
- Assess the full extent of your damages using various experts who can help us determine the value of all your losses.
- Handle settlement negotiations and fight for a payout that reflects your family’s needs.
- Represent you at trial if the other party does not agree to a settlement.
Our team is prepared to handle your case from start to finish, using our experience in malpractice law and litigation to help you seek the results you need.
Birth Injury Due to Medical Negligence? Contact a Coral Gables Lawyer Now for Expert Support!
What Types of Birth Injuries Does Freidin Brown, P.A. Help With?
While some health conditions at birth are no one’s fault, there are times when a provider’s negligence either causes the injury or makes the injury worse. Sometimes, maternal health conditions can increase the risks for birth injuries or conditions that can contribute to birth injuries. Providers should carefully consider the health of both the mother and the fetus during pregnancy, during labor, and after birth to minimize harm.
Here is a list of just some of the injuries our lawyers have helped families seek compensation for:
- Retinopathy of prematurity (ROP)
- Cerebral palsy
- Erb’s palsy and brachial plexus injury
- Shoulder dystocia
- Untreated or undiagnosed preeclampsia Vacuum extraction injuries and forceps injuries
- Hypoxic-ischemic encephalopathy (HIE) and birth asphyxia
- Breech birth injuries
- Kernicterus
- Cephalohematoma
- Brain damage
Many injuries are caused by a provider’s failure to diagnose an issue or to provide treatment in a timely manner. Other errors can include medication errors, delays in ordering C-sections, and communication issues between providers. Your child’s injuries could even have been caused by a wrongful discharge from the hospital emergency room. Whatever the cause, our team is ready to investigate and fight for full compensation on your behalf.
What Forms of Compensation Can I Seek for My Child’s Birth Injury in Miami?
When pursuing losses in a birth injury case, there are two main types of damages we can seek: economic and non-economic. Economic damages are those financial losses your family is dealing with, and they have a direct financial value.
There are also non-economic damages that refer to the intangible losses your child and your family have. While no amount of money can make up for your emotional harm, it serves as an acknowledgment of your pain. Some of the losses our lawyers can pursue on your family’s behalf include:
- Current medical expenses and
- Future medical bills your family may have to address your child’s birth injuries
- Pain and suffering
- Out-of-pocket expenses related to your child’s injuries, like travel expenses related to seeking medical care
- Future educational needs
- Emotional anguish
- Loss of your baby’s future earning potential
Our team can also help your family pursue wrongful death damages in the event of a tragic loss. This can help address losses like funeral expenses and pain and suffering, among others.
How Much Can I Seek for My Child’s Injury?
Each birth injury case is different. Families can have different needs, even if their child suffered the same kind of harm. We cannot predict the true value of your claim without reviewing all of the details. However, there are some factors that can affect how much you could seek and recover for your child. These include:
- Severity of your child’s injuries
- Intangible losses
- Strength of evidence
- The degree of liability of involved parties
- The types of malpractice insurance coverage the other party has
Our team has helped clients recover over $500 million for injuries, and these results include many birth injury settlements and verdicts. We cannot make promises about the value of the claim or the outcome of a case, just know that our firm is ready to use our resources, experience, and knowledge to fight for the maximum compensation possible.
Need Legal Support? Talk to a Coral Gables Attorney for Free!
How Do I Know If I Have a Birth Injury Claim?
Birth injury cases are quite nuanced, as every pregnancy and birth are different. Some people have higher-risk pregnancies or births, often with factors outside of anyone’s control. When there is neglect, trying to assign fault can be difficult. Doctors and other providers may claim that they took appropriate measures or that your child’s injuries were unavoidable.
When reviewing these cases, our team must determine if the four elements of medical negligence are present. These elements are:
- Duty to provide treatment within the standard of care
- Breach of the standard of care
- Causation
- Damages
Essentially, our team must establish the level of care expected in the circumstances of your case and determine if your provider’s actions somehow went against this standard. For example, if your child’s head was larger than normal, had bulging eyes, and presented with other symptoms of hydrocephalus, but a doctor did not order tests to check for this condition, that could be a sign of provider negligence.
Our team must also be able to show a link between your provider’s care and your child’s injuries. In the hydrocephalus example, we may show that tests like ultrasounds or MRIs would have detected fluid in the brain and reduced or prevented your baby’s brain damage. We must also show that your baby and your family suffered losses from this lack of care, such as medical bills and emotional anguish.
Let Our Team Represent Your Coral Gables Birth Injury Claim
Right now, your family has a lot to deal with, and you should not have to worry about finding the right medical malpractice lawyer on top of all of that. Medical providers and facilities, along with their insurance companies, may try to deny your claim or push your family’s needs aside. Our firm has spent decades helping the families of injured children seek justice, and we will not back down.
Please call Freidin Brown, P.A. today for a case review. Your consultation is always free and confidential, and we are available now to take your call.
Common Questions About Birth Injury Claims
Who Is Liable for My Child’s Birth Injury?
Liability in a birth injury can be a complex question. Multiple parties could be responsible for your child’s injuries, and these include:
- Obstetricians
- Other physicians and specialists involved in your baby’s delivery
- Nurses and nurse practitioners
- Midwives
- Hospitals and medical facilities
- Imaging centers
Additionally, the employment statuses of certain medical professionals can complicate questions of liability and the payment for your family’s losses. Our lawyers understand how to navigate these complex matters of liability and insurance, and we are determined to seek damages from the appropriate parties.
What Is the Statute of Limitations on Birth Injury in Florida?
Personal injury cases, including birth injuries, are subject to the statute of limitations outlined in Florida Statutes § 95.11 and certain presuit notice requirements. If you do not act quickly, you could lose your chance to take legal action and pursue damages.
The deadline for malpractice claims, especially birth injury claims, is complex. Many factors can affect the deadline, and it is best to speak with our team to see how long you have to get started on your case.
How Much Will it Cost to Hire a Lawyer?
The lawyers at Freidin Brown, P.A. take birth injury cases on a contingency fee basis. This means you do not pay any upfront costs or fees—you only pay our lawyers if we are successful.
This payment structure makes it easier for families to seek help in their fight for damages. You do not have to worry about paying us out of pocket, and you do not owe us anything if we do not win.
Contingency fees also allow our attorneys to use the full extent of our firm’s resources to build your case without going over your family’s personal budget. You never have to worry about the costs of filing a medical malpractice claim.