Table of Contents
Table of Contents
Words cannot describe your grief if your child suffered an injury due to a mistake made during pregnancy or delivery. However, our Florida birth injury lawyers can fight for justice for you and your child.
Our medical malpractice lawyers in Florida seek damages to help pay for your child’s care and support and your losses stemming from their injuries. Doctors, nurses, hospitals, whoever was responsible, we fight to have them acknowledge the harm they cause.
Common Types of Birth Injury Claims Our Lawyers Litigate in Florida
Medical malpractice occurs when a healthcare provider’s deviation from the accepted standard of care results in a life-altering injury. Identifying the exact moment of negligence requires a sophisticated “trial-ready” investigation. At Freidin Brown, P.A., our Florida birth injury attorneys have over 100 years of combined experience uncovering the truth in complex cases, including:
- Failure to diagnose or misdiagnosis: Missing critical signs of maternal infections (such as sepsis, GBS, or herpes) that can be transmitted to the newborn, or failing to identify fetal growth restriction during prenatal visits.
- Improper use of delivery tools: Applying excessive or negligent force with forceps or vacuum extractors, which can lead to traumatic brain bleeds, skull fractures, or permanent scalp disfigurement.
- Medication and dosage errors: Administering incorrect levels of labor-inducing drugs like Pitocin or Cytotec, which can cause “hyperstimulation” (uterine tachysystole), cutting off vital oxygen to the baby, and leading to fetal hypoxia.
- Delayed decision-making for C-sections: Failing to recognize signs of fetal distress on heart monitor strips or taking too long to move from “decision to incision,” resulting in preventable brain damage from prolonged oxygen deprivation.
- Mismanagement of physical obstructions: Failing to perform the correct maneuvers when a child is stuck in the birth canal (such as shoulder dystocia), leading to permanent brachial plexus injuries or Erb’s palsy.
- Inadequate neonatal monitoring: Failing to properly screen for or treat newborn jaundice (hyperbilirubinemia), which can progress into kernicterus, a devastating and entirely preventable form of brain damage.
- Failure to respond to uterine rupture or abruption: Ignoring sudden maternal pain or heart rate drops that signal a catastrophic placental abruption, which requires immediate surgical intervention to save both mother and child.
A birth injury diagnosis, whether it is cerebral palsy, HIE, or a permanent nerve injury, is often just the “what.” At Freidin Brown, P.A., we focus on the “why.” Our team reconstructs the medical timeline to prove causation. We identify where the standard of care was breached, ensuring that all liable parties are held accountable for the lifelong impact on your child.
If you suspect your child’s condition was caused by a medical error, do not wait for the hospital to investigate itself. Our firm is more than qualified to negotiate for damages and fight for justice on your behalf. Contact a Florida birth injury lawyer today for a free case evaluation to discuss your potential for a maximum recovery!
Read our free guide about the most common things you should know about birth injuries.
What Can Our Florida Birth Injury Attorneys Do in Your Case?
A Florida birth injury lawyer from Freidin Brown can do a lot to help you:
- Investigate the circumstances of the birth injury to identify the liable party.
- Preserve evidence, including photos, witness testimony, and medical records.
- Regularly consult with nursing and medical professionals about your case.
- Negotiate with insurance adjusters, hospital representatives, and lawyers.
- Calculate your economic and non-economic damages.
- Demand compensation that matches those losses.
- Handle all the paperwork required to file an insurance claim or malpractice suit.
- Prepare a case strategy for representing you in court.
With Freidin Brown, P.A., at least two lawyers oversee your case throughout the entire birth injury legal process, and you can count on founder Philip Freidin to give your case his attention. No one gets put on the back burner at our firm!
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What Sets Frieidin Brown P. A. Apart from Other Law Firms?
Our firm is led by a team with over 100 years of combined experience, including two Board Certified Civil Trial Attorneys. Philip Freidin has conducted more than 200 jury trials and 100 non-jury trials. What distinguishes our firm from other Florida legal teams that handle birth injuries is:
- Time: We dedicate time to you, listening to your story, explaining paths to compensation, answering questions, and discussing strategy.
- Attention: Our firm is selective about the cases we take on to ensure we are never so overloaded that we cannot give you the personal attention you deserve.
- Results: Our history of fighting for justice on your behalf is reflected in our results. For example, Philip Freidin, Jonathan Freidin, and Sarah Glasser, along with senior paralegal Natalia Diaz, secured a $7.75 million settlement for a child who suffered a devastating brain injury due to a South Florida hospital’s negligence at birth.
- Sensitivity: You and your child underwent an ordeal and are still processing it. So, we make sure to handle your case with respect and confidentiality.
- Resources: We can connect you with information, care, and outlets you need to get on the road to recovery.
- Free Case evaluations: We offer a confidential, no-obligation review of your medical records and legal options.
- No upfront fees: We operate on a contingency-fee basis. You pay nothing unless we win your case and secure the compensation your child deserves.
- Statewide representation: While our roots are in Miami-Dade, our firm helps clients across Florida get the justice they need.
At Freidin Brown, P.A., we believe that every client deserves personalized attention and unwavering commitment. We’re here to help you handle your case successfully and seek the justice you deserve at the settlement negotiations table or in the courtroom!
What Experience Does Freidin Brown, P.A. Have with Birth Injuries in Florida?
You can see our Florida birth injury attorneys’ accomplishments by checking our client testimonials and case results. Some notable recoveries for birth injuries include the following:
At Freidin Brown, our Florida medical malpractice trial team is committed to providing personalized representation and aggressive advocacy to help you obtain the compensation you deserve.
Don’t let medical malpractice define your child’s future. Our birth injury lawyers in Florida offer a unique combination of experience, track record of success, dedication, and compassion. Don’t hesitate to contact us today for a free consultation.Â
What Does It Cost to Get Legal Help from Our Florida Birth Injury Lawyers?
With a birth injury lawyer in Florida at our firm, it costs you nothing while we work on your case. Only if we successfully resolve your matter do we get paid. If we don’t win your case, you owe us nothing.
All our legal fees are earned on a contingency basis, meaning that we only get paid if we obtain a recovery for you.
What Damages Can Our Birth Injury Lawyers Seek for You in Florida?
Florida is the only state in the U.S. with an active “no-fault” system for specific birth injuries, as discussed in our HIE study. Understanding this distinction is often the difference between a capped administrative payout and a multi-million dollar jury judgment. At Freidin Brown, P.A., we audit every case to determine if your family belongs in the NICA program or if a traditional medical malpractice lawsuit is the rightful path to justice.
The NICA Pathway for Birth Injury Compensation
Designed as a “no-fault” system, NICA provides guaranteed benefits regardless of medical error. However, it is an “exclusive remedy,” meaning if you accept these benefits, you typically waive your right to a jury trial.
As of January 1, 2026, the key NICA benefits include:
- one-time payment for families upon admission, which has increased to $289,818.51;
- one-time $100,000 benefit for accessible home modifications or a down payment on a new home;
- coverage for all medically necessary and reasonable expenses related to the injury,
- up to $10,000 annually for family psychotherapeutic services and funding for wheelchair-accessible vans.
The Malpractice Lawsuit Pathway for Birth Injury Compensation
If your child’s injury falls outside NICA’s narrow weight or neurological criteria, or if the hospital failed to provide you with the legally required NICA notice during your pregnancy, we can often bypass the program entirely. This allows us to pursue a traditional medical malpractice lawsuit, where the stakes are significantly higher.Â
We will pursue whatever damages are necessary to make your family whole again or provide closure following this injury. That can include compensation for:
- Medical care resulting from the injury
- Ongoing long-term care to treat the consequences of the mistake
- Supplies and equipment, such as medication or wheelchairs
- Changes to your home or vehicle to accommodate an injury or disability
- Physical, occupational, or speech therapy to help your child recover
- Income you’ve lost while dealing with the injury
- Pain and suffering, emotional distress, and reduced quality of life
- Disability and disfigurement
Doctors can correct some birth injuries. Unfortunately, others are a permanent consequence of someone’s error. In either case, you deserve appropriate damages, and we can obtain the evidence needed to argue for them by using medical records, bills, and expert testimony.
Our Florida birth injury attorneys audit every birth injury claim to ensure a hospital hasn’t improperly “pushed” your family into NICA to shield themselves from liability. We fight to ensure you aren’t forced into a capped system if a high-value malpractice judgment is the rightful path to justice for your child. Reach out for a free consultation!
You and your staff are simply the best. Jonathan I would like to say I proud of the manner in which you conducted yourself toward my family matter. You are my mentor and someone that I look up to. . . . I will always remember you and would highly recommend you to any family and friends.
We appreciate everything you did for us. Staying with us. Being patient with us. And, most importantly believing in us. Our family will forever have a feeling of gratitude for all that you have done.
I have tremendous respect and appreciation for Phil Freidin. He is a powerful and kind lawyer. He has proven to me that he genuinely cares about his clients; however, he is a force to be reckoned with in the conference and court rooms.
Jonathan impressed me with his professionalism and expertise! Jonathan and Lizy handled my Medical Malpractice case with skill and secured a favorable outcome! They were responsive and kept me informed throughout my process. I highly recommend them to my Family and Friends!
They were not even able to take on my case, but the person who did my intake and the lawyer I spoke to were incredibly validating, kind, and helpful. I appreciated the care and time they gave me even when I did not become a client.
Jonathan, Phil, and the rest of the Freidin Brown attorneys were both professional and compassionate. They were always responsive to my family and me, and they have a deep dedication to their clients. I highly recommend the great lawyers at this firm!
My experience with Freidin Brown was above my expectations. Philip Freidin took my case and settlement to finish line with amazing results. I highly recommend this Law Firm.
Our family was referred to Freidin Brown by another attorney who could not handle our case and from day one we felt like we were in good hands. Johnathan Freidin was always available and willing to answer any questions we had. We are extremely happy with the results of our case and would recommend this team in a heartbeat.
Had the pleasure of working with Andrew this year. He was very knowledgeable, but most importantly, he asked questions and listened to truly understand MY needs. Would definitely use this team again.
Who Can We Pursue for Damages in a Birth Injury Case?
If your case can go beyond NICA, our Florida birth injury attorneys will launch a multi-phase investigation. We reconstruct the entire prenatal and neonatal timeline to identify every party whose negligence caused the harm.
We pursue justice against any entity that failed your family, including:
- Obstetricians and specialists: For failing to perform essential prenatal screenings or mismanaging high-risk conditions like preeclampsia or gestational diabetes.
- Labor and delivery nurses: For failing to monitor the mother or child properly, or failing to alert a physician when fetal distress was evident on the monitors.
- Surgeons and anesthesiologists: For surgical mistakes or taking too long to perform an emergency C-section, leading to prolonged oxygen deprivation.
- Support staff and technicians: For administrative or filing errors that result in a failure to communicate critical lab results or a mother’s medical history.
- Hospitals and healthcare facilities: We investigate whether the facility itself bears liability for inadequate staffing, faulty equipment (such as defective vacuum extractors), or systemic failures in safety protocols.
If your child has been diagnosed with any of these conditions, the window to act is limited. Before we take your case to court, we will conduct a confidential review of your records to determine if a hospital’s negligence, not just “bad luck”, is responsible for your child’s injury.
Contact Our Florida Birth Injury Lawyers Today!
Negligent parties in medical malpractice are known for overwhelming victims with technicalities and specialized language to avoid responsibility. The Freidin Brown, P.A. team won’t allow them to intimidate you. Contact our Florida birth injury lawyers today to get help with holding healthcare professionals accountable for their negligence. The call is free!
Frequently Asked Questions About Birth Injury
Our firm can answer FAQs about birth injury cases in Florida, including:
How can I tell if my child’s birth injury was malpractice or an unavoidable complication?
Not every difficult delivery means a provider did something wrong. To determine whether malpractice occurred, a Florida birth injury lawyer compares what your medical team did with what reasonably careful providers in the same field would have done under similar circumstances. That analysis usually requires a detailed review of prenatal records, labor and delivery notes, fetal monitoring strips, and opinions from qualified medical experts.
Can both my baby and I have separate claims in a Florida birth injury case?
Yes. Many cases involve injuries to both the child and the mother, and each may have distinct damages. For example, the baby may have neurological or orthopedic injuries, while the mother may suffer surgical complications or untreated conditions. A Florida birth injury attorney at Freidin Brown, P.A can evaluate each set of injuries and pursue separate claims when the facts support doing so.
How are lifetime costs for a birth injury calculated in a Florida case?
Lifetime costs are usually estimated with the help of life care planners and medical experts. They assess your child’s current condition and likely future needs, including surgeries, therapies, medications, home health care, assistive technology, transportation, and home modifications. Freidin Brown, P.A. uses these professional projections to pursue compensation that reflects both present and future financial burdens.
Do Florida birth injury cases usually settle, or do they go to trial?
Many birth injury cases resolve through negotiated settlements, but some proceed to trial when liability or damages are strongly disputed. Our Florida birth injury attorneys prepare every Florida birth injury case as if it may be presented to a jury, using medical experts, economic professionals, and trial-tested strategies to position families for the strongest possible result in settlement discussions or in court.
