Miami Birth Injury Lawyers

Signs and Symptoms of Birth Injuries

While some birth injuries are immediately apparent, others may not show symptoms until later in the child’s development. While symptoms can vary widely depending on the injury, below are some common symptoms associated with birth injuries:

• Swelling or bruising on the baby’s head or body.
• One arm appears limp and unresponsive.
• A baby is having trouble with normal movement.
• A bump or unevenness on the baby’s clavicle (collarbone) or any other part of the body.
• A misshapen or asymmetrical head after delivery.
• Seizures, jerky movements, muscle stiffening, or uncontrolled eye movements.
• Trouble breathing or irregular breathing patterns.
• Lethargy, drowsiness, weakness, or unresponsiveness.
• Poor muscle tone.
• Developmental delays, such as difficulty with motor skills (like crawling or walking), speech delays, or cognitive impairments.
• Feeding challenges.

If you suspect your child has suffered a birth injury, it’s essential to seek immediate medical evaluation and consult with an attorney who can help determine if the injury was caused by negligence or improper care.

Who Can Be Held Responsible for a Birth Injury?

In cases of birth injuries caused by medical malpractice or negligence, several parties may be held liable for the harm caused to the infant. These can include:

• Obstetricians and gynecologists (OB/GYNs).
• Nurses and other medical staff members.
• Hospitals and medical facilities.
• Anesthesiologists.
• Midwives or birth doulas.
• Medical device manufacturers, including the manufacturers of vacuum extractors or forceps.

In cases of birth injury, there may be multiple liable parties because there are usually multiple people who are involved in a birth. Miami birth injury lawyers can help you find the responsible parties in your case, so you can seek compensation and justice.

What to Expect from a Birth Injury Lawsuit

The first step in a birth injury lawsuit is scheduling an initial consultation with an experienced birth injury lawyer. During this meeting, the lawyer will assess the details of the case and will help you understand the strengths and weaknesses of your case and whether it has a good chance of success.

If you decide to file a claim, your lawyer will collect medical records, expert testimony from medical professionals, and other evidence that supports your claim of negligence. This stage may take some time as the attorney works to build a strong case. Expert witnesses, such as obstetricians, pediatricians, or medical malpractice specialists, may be called to review the details of the birth and provide an opinion on whether the injury was caused by medical error or negligence.

If there is sufficient evidence, your lawyer will file a formal lawsuit against the responsible parties, which may include doctors, hospitals, or medical professionals. Once the lawsuit is filed, the defendants (the parties being sued) will have a set period of time to respond.

After the lawsuit is filed, both sides will enter the discovery phase. This involves exchanging information and documents related to the case, so both sides can gather evidence to support their positions. Additionally, the defense may request depositions, where witnesses are questioned under oath.

Many birth injury lawsuits are resolved through settlement before reaching trial. If a fair settlement is reached, the case can be resolved without going to court. However, if a settlement cannot be reached, the case will proceed to trial.

If the case goes to trial, it will be heard before a judge and possibly a jury. The trial process includes presenting evidence, questioning witnesses, and making arguments in court. At the end of the trial, the judge or jury will make a decision regarding liability and damages. No matter what the court decides, both parties have the option of filing an appeal.

Damages You Can Recover

If your child has suffered a birth injury due to medical negligence or malpractice, pursuing a lawsuit can help recover damages to cover the costs that arise from the injury. You may be entitled to the following damages:

• Medical expenses. These can include both current and future medical costs associated with the injury. This could cover hospital stays, surgeries, medications, physical therapy, specialist consultations, and ongoing care for the child’s condition. If the child requires long-term care, such as home health aides or specialized treatments, these costs can be substantial and should be considered in the claim.
• Pain and suffering. Pain and suffering damages compensate for the physical and emotional pain that the child and the family experience as a result of the birth injury. This includes the pain and distress the child may endure due to the injury itself, as well as the emotional toll on the parents and family members.
• Loss of quality of life. In some cases, a birth injury can result in permanent disabilities that affect the child’s ability to lead a normal life. Loss of quality of life damages can help compensate for the child’s diminished future prospects, including their ability to engage in activities that other children may take for granted, such as attending school, playing sports, or participating in social activities.
• Lost income. In cases where parents must take time off from work to care for their injured child, they may be able to recover lost income. If the child requires constant care, therapy, or supervision, parents may be forced to reduce their work hours or leave their job entirely. Lost wages can be included in the damages claim to help address the financial strain caused by the birth injury.
• Punitive damages. In some cases, punitive damages may be awarded to punish the responsible party for particularly egregious or reckless behavior.

A birth injury lawyer can help determine the appropriate damages to pursue and ensure that the responsible parties are held accountable for their actions. It is important to seek compensation in birth injury cases because an injury at birth can affect your family and your child for a lifetime. Securing financial damages now ensures you have the financial means to pay for quality care so your child has the best possible future.

How to Cope with a Newborn Birth Injury

As you navigate this difficult journey, it’s important to remember that you are not alone, and there are steps you can take to support yourself, your family, and your child:

• Allow yourself to grieve. It’s normal to feel a wide range of emotions when you first learn of your child’s injury—anger, confusion, sadness, guilt, or even disbelief. Grieving the loss of what you thought your child’s life would be like is a natural response.
• Talk to loved ones. Surrounding yourself with a supportive network of family and friends can provide much-needed comfort. They can offer emotional support, help with day-to-day tasks, and simply be there to listen. It’s important not to isolate yourself.
• Find support groups. Support groups—whether in-person or online—can be a safe space to share your feelings, ask questions, and gain advice from others who understand what you are going through. These groups can also provide you with helpful resources for caring for your child and managing the challenges ahead.
• Work with trusted healthcare providers. Work closely with your child’s healthcare team to understand their needs, treatment options, and what steps you can take to ensure they receive the best possible care.
• Take care of yourself. While your instinct may be to prioritize your child’s needs above all else, it’s crucial to rest when you can, eat nutritious meals, and engage in activities that provide relaxation or comfort. If you are experiencing stress, sleep disturbances, or other signs of distress, speaking with a doctor, therapist, or counselor can help.
• Consult with Miami birth injury lawyers. Medical bills, ongoing treatment, and therapy costs can add up quickly. Consider seeking legal advice to determine if you may be entitled to compensation for your child’s injury.

If your child has suffered a birth injury, contact Flaxman Law Group for a free consultation.