Birth Injury Attorney Miami

Birth Injury Attorney in Miami, Florida

It is unacceptable for medical or hospital negligence to turn a moment of happiness into a tragedy. Pregnancy and childbirth are complex processes that require specialized medical attention to prevent complications that can affect both the mother and the baby.

From mistakes made by healthcare professionals to inadequate prenatal care, birth injuries are often lifelong conditions with serious consequences for both mother and child.

Being in such a situation is exasperating and brings with it enormous anguish. Therefore, it can be difficult to decide what to do. However, it is necessary to question whether the doctor or nurses complied with the due care in the treatment.

If healthcare professionals make mistakes that result in injury to mother and child, this warrants consulting with an experienced attorney.

If you or a loved one has suffered an injury during childbirth, don’t go through this alone!

With the help of an experienced birth injury attorney, you can protect your rights as well as those of your loved ones.

It is crucial to understand the legal rights if your child has suffered a birth injury due to medical negligence. To navigate complex legal processes and seek the compensation your family deserves, a birth injury attorney in Miami can be helpful. Are you searching for a trusted birth injury attorney in Miami? Search no further! Garcia Hernandez can provide you with a qualified birth injury lawyer who can help you seek justice and financial compensation for the injuries to your child. Here, we will provide you with every crucial step to know for protecting your rights.

What Is a Birth Injury?

A birth injury is when an infant encounters any physical harm or trauma during the delivery, including before, during, or shortly after delivery. The injury could be a minor temporary issue, or it could be a severe condition that lasts a lifetime. There are some common causes, such as medical errors and complications from medical interventions.

Causes of birth injuries

Pregnancy is a complex and delicate stage, where regular medical care has been shown to successfully prevent a wide variety of health problems for the fetus and the mother.

During the days and hours leading up to delivery, various medical decisions can have irreversible consequences. Mainly, there are two main reasons for birth injuries: trauma due to external force and injuries caused by lack of oxygen to the brain.

Some of the medical errors that are often related to birth injuries are:

• Incorrect application of forceps
• Delay to perform a cesarean section
• Epidural applied incorrectly
• Pitocin abuse to induce labor
• Failure to diagnose complications during pregnancy, such as preeclampsia or infectious processes such as toxoplasmosis
• Inadequate monitoring of vital signs of the fetus
• Preterm delivery
• Inadequate prenatal care
• Inappropriate care during labor
• Poor postpartum care

Types of Birth Injuries We Handle

Some common types of birth injuries are brachial plexus injuries, fractures, and cerebral palsy, and they can be categorized into

• Brain Damage: Hypoxic-ischemic encephalopathy (HIE) and numerous other brain injuries can result in intellectual disability or developmental delay.
• Nerve Injuries: Due to the nerve damage during delivery, brachial plexus injuries can be caused, such as Erb’s palsy, which may lead to paralysis of the arm, hand, or shoulder.
• Musculoskeletal Injuries: During the delivery process, fractures of the clavicle or other bones are common.
• Other Injuries: It also includes cephalohematoma (bleeding under the skull), scalp swelling, facial paralysis, or eye bleeding (subconjunctival hemorrhage).

Early Signs of Birth Injuries

Some common signs of birth injuries include the following:

• Abnormal appearance: You should look for any unusual physical feature, including pale, bluish skin tone, etc.
• Developmental delays: Look for any developmental issues that your child does not meet on time.
• Difficulty breathing: If newborns have experienced any birth injury, they may find it difficult to breathe.
• Excessive crying: Pain and discomfort due to injury can be indicated by persistent crying.
• Feeding problems: Difficulty feeding can be a sign of birth injury.

What to do if birth injuries occur?

If your child was injured as a result of a medical error, you should contact an experienced medical malpractice attorney immediately.

Medical malpractice cases depend on the ability to demonstrate that an expert physician would not make the same mistake, under the same conditions and following current healthcare protocols.

In this sense, it is necessary to demonstrate that the error made is due to the failure to implement a regular protocol. However, negligence cases do not apply solely to the treating physician.

A skilled attorney can show that a hospital, nurse, doctor, or other healthcare professional has made a medical error or medical malpractice, and that this act of medical negligence caused direct injuries, such as death, disability, or pain and suffering.

Due to its impact on the medical care provided, responsibility can also fall on hospital staff and the health service provider, who can make serious mistakes.

Injuries suffered by a child during childbirth must be compensated through compensation. The corresponding payment must cover all medical treatments for life.

Additionally, the amount of compensation must consider pain, emotional distress, and the impact of lost wages.

According to recent studies, medical malpractice injuries to children under one year of age can produce compensation payments in excess of $ 1 million.

With precedents in mind and the importance of the health of your loved ones, it is critical that you see an expert in birth injury legal services.

How to Know If You Have a Valid Birth Injury Claim

To know if you have a valid birth injury claim, you have to prove that a healthcare professional’s negligence or deviation from the norm contributed to the birth injury. Gathering evidence, including medical records, expert opinions, and witness statements, is required for demonstrating a violation of responsibility. Various key factors that you should consider:

• Medical Negligence
• Causation
• Duty of Care
• Evidence
• Breach of Standard of Care
• Harm/Injury

Examples of Potential Negligence:

• Delayed Response to Fetal Distress
• Inadequate Fetal Monitoring
• Failure to Inform of Risks
• Improper Use of Delivery Tools

How to Prove a Birth Injury Claim?

Here are some steps for proving a birth injury claim:

1. Consult with a Birth Injury Lawyer: A professional attorney can effectively assess your case, guide you through the legal processes, and help you gather evidence.
2. Gather Medical Records: You have to gather all the applicable medical documents, such as prenatal care, labor, and delivery details, etc.
3. Identify Expert Witnesses: To understand the standard of causation and care, you should consult a medical expert who can provide reliable opinions.
4. File a Lawsuit: If your claim is valid, then you can file a birth injury lawsuit against the accountable healthcare providers.

Who Can Be Responsible for a Birth Injury?

Several parties could be held responsible for birth injury depending on the circumstances of the injury, including:

• Hospitals: Hospitals can be held responsible if they fail to provide proper care.
• Doctors: For medical negligence, including improperly using tools, failing to identify fetal pain, etc., doctors can also be liable.
• Nurses and Midwives: For improper monitoring of the mother and the baby, nurses and midwives can be liable.
• Anesthesiologists: If an anesthesiologist makes an error, such as administering an incorrect dosage, they can also be held liable.

Florida Laws Regarding Birth Injury Cases

In Florida, birth injury requires proof of negligence and causation, and parents can legally proceed for damages, including lost wages, medical expenses, pain, and sorrow. Here are Florida laws regarding birth injury cases:

1. Filing a Birth Injury Lawsuit:

Parents or legal guardians can file a birth injury lawsuit; they need to prove several things, such as a doctor-patient relationship, negligence, causation, and damages.

2. Statute of Limitations (Time to File a Lawsuit):

• General Rule: From the date of the incident, the time limit is usually two years.
• Discovery Rule: The filing deadline can be extended if the injury was not immediately apparent.

3. Types of Birth Injuries:

Any preventable physical trauma: injuries that are caused by medical negligence during the delivery process.

4. Compensation and Damages:

Parents can seek compensation for:

• Medical expenses
• Lost wages
• Specialized care
• Pain and suffering

5. Florida Birth-Related Neurological Injury Compensation Association (NICA):

• No-fault compensation: To cover the costs for certain neurological injuries, NICA provides a fund specifically for brain or spinal cord injuries resulting from mechanical injuries or oxygen deprivation.
• Eligibility: The child must have a qualifying injury and be born in a Florida hospital.

6. Proving Negligence:

• Expert testimony: To establish the standard of care, expert medical opinions are often required.
• Medical records: All the required medical documents are crucial for the mother and infant to prove negligence.
• Witness testimony: Additional evidence can also be provided by witnesses.

Trends and Stats of Birth Injury Attorney Miami

In Miami, out of every 1000 births, roughly 7 birth injuries occur due to various factors such as premature birth, complications during delivery, or medical negligence. That is the reason why a birth injury attorney in Miami can help you seek compensation for the various expenditures, including medical expenses, therapy costs, and emotional and psychological effects on the child and family.

In the US, the general statistics of birth injury incidence are 6.6 out of 1000 births. In Florida, there is a decrease in premature births, but compared to other states, it’s still rather high.

How Our Birth Injury Attorneys Can Help

At Garcia Hernandez, our birth injury attorneys can help families by investigating possible medical negligence, gathering evidence, including expert medical opinions, medical records, etc., and representing them in court or dealing with insurance companies for complete compensation. They can assist families with complex legal processes and help them to understand legal rights and options. Here is how birth injury attorneys can help:

1. Investigating and Building a Case:

• Case Evaluation
• Evidence Gathering
• Expert Testimony

2. Navigating the Legal Process:

• Filing a Lawsuit
• Negotiation
• Representation in Court
• Understanding the Law

3. Seeking Compensation:

• Financial Support
• Long-Term Care
• Maximizing Recovery

4. Providing Emotional Support:

• Guidance and Compassion
• Communication and Updates

Why Choose The Law Office of Garcia Hernandez, P.A.?

At Garcia Hernandez, Henry Hernandez and Carla Garcia are the two reliable and trusted attorneys who are well-known for providing legal assistance and complex legal processes. They operate as the managing partners of The Law Office of Garcia Hernandez, P.A., and have diverse experience in representing clients in state and federal courts across Florida. They can handle several legal matters, such as employment law, commercial litigation, bankruptcy, and personal injury, etc. There are several reasons why you should choose The Law Office of Garcia Hernandez, P.A. for a birth injury attorney in Miami.

• Extensive experience in birth injury & other cases
• Compassionate, family-focused legal support
• Hassle-free legal process
• Proven track record of results

Frequently Asked Questions About Birth Injury Attorney Miami

Question 1. How much is the average payout for a birth injury settlement?

Answer. The average payout for a birth injury settlement is generally somewhere around $1 million, but the actual payout greatly depends on several factors, such as the severity of the injury, the long-term needs of the child, and the medical malpractice involved.

Question 2. What is the most common birth injury?

Answer. Some of the most common birth injuries include brachial plexus injury (damage to nerves in the arm), clavicle fracture, shoulder dystocia (difficulty delivering the baby’s shoulder), cerebral palsy (damage to the brain that affects movement and coordination), hypoxic-ischemic encephalopathy, etc.

Question 3. How do you prove birth injury?

Answer. Proving birth injury may include things like medical records, expert testimony, and testimony from witnesses. For building a strong case, having as much evidence as possible is important.

Question 4. What qualifies as a birth injury in a legal case?

Answer. Any harm or damage sustained by a baby during the labor and delivery process due to medical negligence or errors by a healthcare provider can qualify as a birth injury in a legal case.

Question 5. What kind of evidence is needed to support my birth injury claim?

Answer. A variety of evidence is needed to support a birth injury claim, including medical records, expert witness testimony, and potentially other documents.

Question 6. What is the difference between a birth injury and a birth defect?

Answer. A birth defect is usually a genetic issue that occurs during pregnancy, while a birth injury is typically caused by physical harm during labor or delivery.

Question 7. What is the average time taken for a birth injury lawsuit?

Answer. The average time taken for a birth injury lawsuit depends on the case complexity, and it can take a few months to a few years.

Question 8. Can you file a claim on behalf of your child?

Answer. Yes, parents or legal guardians can file a claim on behalf of their child, and the compensation is typically placed in a structured settlement to support the future needs of the child.