Miami Birth Injury Attorneys
Our Team Has Won Hundreds of Millions Since 1984
Birth injuries are devastating for parents and children. Not only could the mother's life be in danger due to a complication or negligence, but the life and well-being of the baby could be at risk. Lawsuits against doctors are put on their “practice record,” which could result in a negligent doctor losing their license. If you are worried your lawsuit will stop a good doctor from practicing, it typically takes multiple successful lawsuits for a doctor to lose their license. This means no doctor loses her or his license unless they truly deserve to. Your lawsuit might be one of the indicators a doctor needs to have his practice record examined. You could be saving other mothers and babies from injury by filing your claim.
At Stewart Tilghman Fox Bianchi & Cain, P.A., our Miami birth injury lawyers understand that you and your loved ones are facing a difficult time. Don't let the stress of your circumstances postpone your decision to pursue just financial compensation.
With 150+ years of collective experience, our law firm can handle whatever situation you face. We have recovered hundreds of millions in verdicts and settlements for our clients, many of whom were dealing with birth injuries and circumstances similar to yours. Whether you are in Miami, Miami-Dade County, South Florida, or across the country, our firm is more than willing to represent your rights. We are not afraid to stand up against the large insurance companies.
Common Birth Injuries
Birth injuries due to negligence occur when a medical professional makes a mistake that any other competent medical professional would not have reasonably made in the same circumstance. Proving that a hospital or doctor is at fault takes persistence, expertise, and effective advocacy. Common birth injuries include, but are not limited to, the following:
Brachial Plexus Injuries
A brachial plexus palsy birth injury is a wound that affects an infant’s nerve fibers that run from their spine, through their neck, and into their arms. The most common cause of these injuries is when an infant is improperly pulled out of the vaginal canal by a doctor.
A complicated brachial plexus injury, Erb’s palsy is when the brachial plexus nerves in the upper arm rupture. This can lead to severe wounds such as full or partial paralysis in the ruptured arm and loss of motor function in the ruptured arm. Similar to brachial plexus injuries, Erb’s palsy usually occurs as a result of a doctor incorrectly pulling a baby out of the vaginal canal.
Cerebral palsy is when a portion of the brain of a child is dormant or paralyzed. This injury usually culminates in a child being partially or entirely paralyzed for life. Many scientists and doctors believe a leading cause is medical malpractice, as cerebral palsy is directly linked to brain injuries. Some of the following malpractices can result in brain injuries leading to cerebral palsy: deprivation of oxygen, dropping of a child, forcing a child out of the vaginal canal incorrectly, and instrument-related misuse injury (forceps / vacuum extraction injuries).
A cleft lip is when a baby is born with a slit in their lip that connects to their nose. These can be genetic, but only 20% of cleft lips are determined to be the cause of a genetic disposition. In the other 80% of cleft lip cases, medical malpractice is a primary cause. The following can cause a baby to be born with a cleft lip: prescribing a mother a dangerous drug, failing to diagnose a cleft lip promptly, failing to treat a cleft lip correctly, and failing to correct a cleft lip surgically.
1 in every 100 babies born in U.S. will have some heart defect. These heart defects are congenital, meaning they exist at birth. While many are unavoidable, they are easily diagnosable. Ultrasounds have made congenital heart defects perceptible months before a baby is born. This means doctors should be able to catch a congenital heart defect while the baby is still in utero. If a doctor does miss an apparent heart defect, they are liable for medical malpractice, as perceiving a congenital heart defect is dire to an infant’s health and well-being.
Injuries from C-Section
C-sections occur when a baby cannot be birthed naturally. There are some reasons why a C-section might have to take place, with either the mother and/or child being in a situation that disallows a natural birth. Since 32% of births result in a C-section, and C-sections are complicated procedures, there are a plethora of related injuries a mother or child may sustain. The following can also result in a C-section related injury: fetal lacerations, oxygen deprivation, delayed C-section complications, improper anesthesia use, and maternal infection.
Spina bifida is when an infant’s spinal column does not properly form. This can lead to mild or severe issues that will affect a child for the rest of his or her life. Medical imaging tests, such as MRIs, can reveal spina bifida, much like congenital heart defects. In fact, a doctor can identify spina bifida in an infant at 21 weeks of gestation. If a doctor fails to determine a case of infantile spina bifida, he or she may be accused of medical malpractice.
While compensation cannot make up for the pain and complications your infant and loved ones face after an injury such as this, it can ensure your infant will receive the care necessary for him or her to succeed. Common expenses that may be covered by compensation for a birth injury include therapy, medical bills, medication and more. Let us fight for you.
In one birth injury case, we obtained a $15,000,000 settlement on behalf of our clients after their child suffered a birth injury due to medical mistakes. The nurses and physicians delayed in performing a C-section which led to brain injury and severe cerebral palsy in the infant. After 10 years of litigation and multiple appeals, the settlement was finally reached.
When Is a Birth Injury Lawsuit Possible?
You should file a birth injury lawsuit anytime a doctor, nurse, or other medical professionals fail to deliver the care that your child deserves. Birth injury cases are related to medical malpractice, which occurs anytime a medical worker fails to follow their training. Birth injuries are preventable and are frequently a sign that someone acted with negligence during a child’s birth. Research approximates that between 6 and 8 out of every 1,000 births will involve the injury of a child. Because most births occur free from issues, the occurrence of a birth injury is the first clue that medical malpractice happened at some point during a child’s delivery.
Why Are Birth Injuries Serious?
Birth injuries are serious because they have the potential to negatively impact the rest of a child’s life, and create medical, emotional, and financial hardships for families. Some birth injuries, such as cerebral palsy, are preventable and can cause serious developmental problems for a child. Other injuries, such as broken bones, can be painful and require significant rehabilitation for a child.
Should I Hire A Birth Injury Lawyer?
Yes. Hiring a birth injury lawyer is the first step to making sure your child receives the care they need, that the people who harmed your child are held accountable, and that accidents like the one your family is suffering from won’t happen to other people. Hiring a birth injury lawyer can help recover costs from medical bills, lost wages due to caring for your child, and make sure your child has the finances to live the most comfortable life possible.
Trust Caring Miami Birth Injury Lawyers. Call Us Today.
It is imperative to consult our Miami injury lawyers. We've won countless cases on behalf of clients facing birth injuries and can help you fight for compensation to cover pain and suffering, medical expenses, and more. We strive to provide legal and emotional support. With 150+ years of combined experience, you can be sure our firm has the skill to navigate whatever situation we face successfully. We are well-versed in personal injury cases of all kinds and can protect injury victims who've suffered from car accidents, truck accidents, defective products, and more. We have handled cases in countless jurisdictions across Florida, the country, and the globe, including France, England, Indonesia, and Peru. Our limited caseload enables us to devote the necessary time, energy, and attention to your case in order to help you.
Begin a free case evaluation with an injury lawyer in Miami by calling (305) 770-6335!