Birth injuries can have lifelong consequences for both children and their families. While some complications occur naturally, others are the result of medical negligence during pregnancy, labor, or delivery. Several conditions, such as cerebral palsy, brachial plexus injuries, or brain damage, may leave families facing financial and emotional consequences. That is the reason why it is crucial to understand what birth injuries are and how you can seek compensation. Here, we will provide you with everything you need to know about birth injuries and legal rights for families of birth injury victims. At Garcia Hernandez, P.A., we help families seeking the justice they deserve.
What are Birth Injuries?
Physical harm to a newborn caused by medical mistakes during or after delivery is called a birth injury. In comparison, a birth defect is a structural and functional abnormality that occurs due to genetic and environmental factors.
Birth Injuries vs. Birth Defects
| Aspect |
Birth Injuries |
Birth Defects |
| When It Happens |
During labor or delivery |
Before birth and during fetal development |
| Causes |
Medical negligence & delivery complications |
Genetic, chromosomal or environmental factors |
| Examples |
Cerebral palsy, nerve damage and fractures |
Down syndrome, spina bifida & heart defects |
| Legal Action |
Often grounds for medical malpractice claims |
Rarely malpractice unless misdiagnosed |
Common Causes of Birth Injuries
Some of the common causes of birth injuries include the following:
- Medical Negligence
- Improper Delivery Techniques
- Delayed C-section
- Lack of Monitoring
Emotional and Financial Toll on Families
Medical Costs: Birth injuries can result in extensive medical treatment, including long-term therapy, assistive devices, medications, and surgery.
Emotional Strain: Significant emotional stress and a profound adjustment to potential lifelong disabilities of the child can be experienced by families.
Support and Care: Children may also require extensive care and support, which adds extra burdens on families.
What are the Common Types of Birth Injuries?
Some of the common types of birth injuries include:
Cerebral Palsy
What it is: A condition caused by damage to the brain, which often results from a lack of oxygen during labor.
Potential causes: Problems with the umbilical cord or prolonged delivery.
Brachial Plexus Injuries (Erb’s Palsy)
What it is: Nerve damage in the network of nerves that control the arm and shoulder.
Potential causes: Excessive pulling on the baby’s shoulders during delivery. It is often caused by complications like shoulder dystocia.
Brain Damage from Oxygen Deprivation
What it is: Also known as Hypoxic-Ischemic Encephalopathy (HIE), it is when the brain does not receive enough oxygen and blood flow, leading to potential impairments.
Potential causes: Compromised umbilical cord function before, during, or after birth.
Fractures and Nerve Injuries
What it is: Broken bones (like the collarbone or upper arm) or damage to cranial nerves.
Potential causes: Forceful or improper use of tools like forceps or vacuum extractors, or difficult labor.
Shoulder Dystocia
What it is: A difficult delivery where the baby’s shoulder becomes lodged behind the mother’s pelvis.
Potential causes: This is a complication that can lead to other birth injuries, such as brachial plexus injuries, if too much force is used to free the shoulder.
Facial Paralysis
What it is: Weakness or paralysis on one side of the baby’s face.
Potential causes: Damage to the facial nerve from excessive pressure or improper use of forceps during delivery.
Legal Rights for Families of Birth Injury Victims
The key legal rights and processes for families of birth injury victims include the following:
Right to Sue for Malpractice: Families can file a birth injury lawsuit against healthcare providers, hospitals, and other parties who are responsible for negligence that caused the injury.
Elements of Proof: The complainant has to prove four key elements to win the medical malpractice case.
- Professional Duty
- Breach of Duty
- Causation
- Damages
Types of Damages
Economic Damages: Substantial financial losses, including:
- Future and past medical bills
- Rehabilitation and therapy costs
- Long-term care and custodial care
- Lost wages and decreased earning capacity
Non-Economic Damages: Emotional and personal losses, including:
- Pain and suffering
- Emotional distress and mental anguish
- Disfigurement
- Loss of enjoyment of life
Wrongful Birth and Death Claims
Wrongful Birth/Life: Families may assert a claim for wrongful birth if a provider failed to identify or provide information about a birth defect or hereditary disorder to the parents, limiting the parents’ ability to make an informed decision on whether to continue the pregnancy.
Wrongful Death: In more serious situations, such as a stillborn birth due to negligent acts, a family may bring a wrongful death claim to recover the value of the death of a loved one.
How to Seek Compensation for Birth Injuries
Here is how you can seek compensation for birth injuries:
1. Find a Birth Injury Lawyer
- Seek Out A Specialist: You should look for an experienced lawyer or firm, such as Garcia Hernandez, who specializes in birth injury law.
- Get a Free Consultation: Many birth injury attorneys will conduct a free case review to determine whether you have an achievable negligence claim.
2. Investigate and Carry Out Research
- Medical Negligence: The lawyer will investigate whether a healthcare professional’s error (e.g., use of delivery instruments, the omission of necessary C-section, inadequate prenatal anticipation, etc) caused the injury.
- Medical Records: The legal team will gather and review all pertinent medical files and bills for the mother and infant.
- Expert Opinions: Advice from medical experts is crucial to determine the standard of care and demonstrate how their negligence demonstrates that the standard wasn’t followed.
- Life Care Plan: A life care planner and economist may be required to assess the child’s long-term needs, but also to determine the cost of all care in the future.
3. File the Lawsuit
- Draft a detailed complaint: Your lawyer will draft a formal complaint outlining the case and file it to begin the legal process.
- Meet deadlines: Ensure the lawsuit is filed within the state’s statute of limitations, which can be a few years from the date of the injury.
4. Negotiate or Go to Court
- Negotiate settlement: The primary goal is to negotiate a settlement with the responsible parties and their insurance companies to cover damages without going to trial.
- Trial: If a settlement cannot be reached, your lawyer will represent you in court to fight for fair compensation.
Why Choose Garcia Hernandez, P.A. for a Birth Injury Claim?
There are several key reasons why you should choose Garcia Hernandez for a birth injury claim, some of which include:
Expertise in handling family law and compensation claims
Personalized attention to families in Miami and across Florida
Commitment to justice and fair compensation
If you are also seeking compensation for birth injuries and need reliable legal support. Schedule an appointment with Garcia Hernandez through the given contact details:
The Law Office of Garcia Hernandez, P.A.
Address: 2655 LeJeune Road, Suite 802, Coral Gables, FL 33134
Phone Number:
- Miami-Dade County: (305) 771-3374
- Broward County: 954-601-5423
- Palm Beach County: 561-286-7732
- Martin County: 772-763-1729
FAQs Regarding Birth Injuries & How You Can Seek Compensation
Question 1. What qualifies as a birth injury?
Answer. Physical harm or medical complications such as cerebral palsy, brachial plexus injuries, oxygen deprivation, fractures, and nerve damage qualify as a birth injury.
Question 2. How long do I have to file a birth injury lawsuit in Florida?
Answer. In Florida, you generally have two years to file a birth injury lawsuit from the date the injury occurred or was discovered, with a maximum of four years after the incident.
Question 3. What are the most common types of birth injuries?
Answer. The most common birth injuries include scalp and head injuries, bone fractures, nerve damage, and brain injuries.
Question 4. How do I know if my baby’s birth injury was caused by medical negligence?
Answer. You can assess medical negligence for a birth injury by looking for signs such as delayed or inadequate medical response, improper use of tools, and lack of oxygen to the baby.
