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If your child suffered harm during childbirth due to medical negligence, you need an experienced birth injury attorney in Miami to help your family pursue justice. Birth injuries can devastate families physically, emotionally, and financially, often leading to overwhelming medical expenses, emotional trauma, and long-term care needs. These events call for legal action supported by medical insight and a strong understanding of Florida law. At Hersh Kirtman Injury Law, we are fully prepared to guide you through this complex journey with compassion, precision, and a firm commitment to holding negligent parties accountable.
Birth injuries involve harm sustained during labor or delivery that affects a newborn’s physical or neurological well-being. Families in Miami often face confusion when a delivery becomes complicated, especially when medical staff acts quickly without clear explanations. Some injuries resolve naturally, while others lead to long-term challenges. Although certain complications occur despite proper care, others arise when healthcare providers fail to meet accepted medical standards.
Birth injuries may not always be immediately apparent. Signs such as low muscle tone, feeding difficulties, or delayed reflexes can appear in the days after delivery. Miami’s diverse and fast-paced medical environment, with busy labor units and high patient volumes, increases the likelihood that essential details may be missed during monitoring or decision-making.
Florida law allows families to pursue justice when preventable errors cause harm. Determining whether an injury is caused by natural factors or negligent care is crucial. At Hersh Kirtman, we guide families through this process with clarity and compassion, helping them understand how a preventable mistake may have contributed to their child’s condition.
Brachial plexus injuries occur when the network of nerves controlling the shoulder, arm, and hand is damaged during delivery, commonly due to shoulder dystocia, where the baby’s shoulder becomes stuck behind the mother’s pelvic bone. Improper delivery techniques or excessive force can overstretch or tear these nerves.
Increased risk factors include larger babies (macrosomia), prolonged labor, or breech births. Medical professionals are trained to use safe maneuvers like the McRoberts position or suprapubic pressure to avoid causing nerve damage.
Types of brachial plexus injuries include:
Signs include a limp or motionless arm at birth. Depending on the injury’s severity, treatment may involve physical therapy, nerve repair surgery, or long-term rehabilitation. Early intervention can significantly improve outcomes and help minimize long-term disability.
Cerebral palsy (CP) refers to a group of permanent disorders that impact an individual’s ability to move and maintain balance and posture. It stems from damage to the developing brain, often linked to disrupted oxygen or blood supply before, during, or shortly after birth. CP can affect motor skills, muscle tone, posture, and coordination, with symptoms varying widely depending on the severity and areas of the brain involved.
In many cases, cerebral palsy results from birth asphyxia, where the baby is deprived of oxygen for a critical period. Other causes include:
Children with CP may exhibit early warning signs such as delayed milestones (like rolling over or sitting up), favoring one side of the body, or abnormal reflex responses. In more severe forms, children may have difficulty walking, speaking, or performing daily tasks independently.
There are different types of cerebral palsy, including spastic, dyskinetic, ataxic, and mixed types, each affecting the body in distinct ways. Spastic CP, the most common form, involves stiff muscles and awkward movements, while dyskinetic CP can cause involuntary, writhing movements.
Long-term care often involves physical therapy to improve mobility, occupational therapy to enhance daily functioning, speech therapy for communication challenges, and medication to manage muscle tightness or seizures. In more complex cases, orthopedic surgery or assistive technologies such as wheelchairs or communication devices may be necessary to support a child’s independence and quality of life.
Hypoxic Ischemic Encephalopathy (HIE) is a form of brain damage that happens when the brain doesn’t receive sufficient oxygen or blood flow for a sustained period. According to Cincinnati Children’s Hospital, infants with HIE may exhibit difficulty breathing, poor muscle tone, low heart rate, or seizures shortly after birth.
Long-term complications of HIE can include:
Prompt diagnosis using imaging tests like MRI or EEG, combined with therapeutic hypothermia (cooling treatment), can minimize brain damage if administered within six hours of birth.
Cephalohematoma refers to a collection of blood that pools between a newborn’s skull bone and the periosteum, typically resulting from trauma during delivery. This condition is often associated with using delivery-assisting tools like forceps or vacuum extractors. According to the University of Texas Medical Branch, these injuries generally become visible several hours after birth and may take up to three months to resolve.
While most cases resolve without intervention, complications can include:
Severe or persistent cephalohematomas may necessitate medical drainage or further diagnostic evaluation.
Birth asphyxia is a medical emergency that happens when a newborn is deprived of oxygen for a prolonged period, either during labor or immediately afterward. As reported by the Birth Injury Guide, insufficient oxygen supply can severely damage vital organs, especially the brain, potentially leading to conditions like HIE, cerebral palsy, or cognitive impairments.
Common indicators of birth asphyxia include:
Timely resuscitation, oxygen therapy, and cooling therapy can mitigate the long-term impacts. If not addressed promptly, asphyxia can lead to irreversible brain damage and lifelong disabilities.
Preventable birth injuries often arise when medical teams overlook risks or fail to act during critical moments. In Miami’s busy hospital environment, delays or miscommunication can quickly escalate complications. Many preventable injuries stem from errors during fetal monitoring, improper assessment of maternal conditions, or delayed responses when the baby begins to show signs of distress.
Medical teams must closely monitor oxygen levels, heart rate changes, and the progression of labor. When these indicators are missed or downplayed, a newborn may experience oxygen deprivation, which is one of the leading causes of long-term neurological damage. Providers must also recognize when labor is not progressing safely. Prolonged labor requires careful evaluation because extended pressure on the baby can cause nerve, muscle, or brain-related trauma.
Communication errors contribute significantly to preventable outcomes. A nurse may recognize abnormal patterns but fail to elevate the concern quickly. A physician may assume that labor is progressing normally without personally reviewing the monitoring strips. These communication gaps can ultimately affect the baby’s safety. Miami hospitals operate at a fast pace. When delivery rooms become busy, the need for coordinated and timely action becomes even more critical.
Preventable injuries may also happen when delivery tools are used hastily or without proper technique. Forceps or vacuums, when used incorrectly, can cause skull fractures, bleeding, or nerve damage. Although these tools are sometimes necessary, their misuse can lead to avoidable harm. Each of these scenarios demonstrates how a moment of inattention or an incorrect judgment can have far-reaching consequences.
Families often begin to question whether the injury could have been avoided once symptoms appear. Sudden difficulty breathing, limpness in an arm, seizures, or abnormal reflexes may signal that trauma occurred during the birthing process. Understanding the cause requires reviewing the timeline of events, the medical decisions made, and how the team responded to each development.
Medical negligence happens when healthcare providers fail to deliver care that meets accepted standards, resulting in harm to a newborn. Families often struggle to understand whether their child’s condition was an unavoidable complication or the result of preventable mistakes. When explanations from staff seem inconsistent, or when symptoms do not align with what parents were told, it may indicate that something important was overlooked.
Parents may notice early red flags, such as sudden changes in the baby’s breathing, feeding difficulties, or limited movement. These concerns often prompt families to revisit what occurred during delivery. When medical records show gaps or unclear documentation, it raises questions about the quality of care provided.
Determining negligence involves reviewing what happened before and during delivery. A provider may have delayed a needed C-section, overlooked abnormal fetal tracings, or misused delivery tools. These errors can lead to long-term complications requiring ongoing care. Even with established safety procedures in place in Miami hospitals, communication lapses and rushed decisions can still occur. We review medical records, evaluate staff actions, and collaborate with qualified medical professionals to determine whether the standard of care was breached.
Understanding negligence empowers families to take the next step in advocating for their child’s well-being. With proper review and support, families can identify the factors that contributed to the injury and determine the available options. Medical negligence happens when healthcare providers fail to deliver care that meets accepted standards, resulting in harm to a newborn. Families often struggle to understand whether their child’s condition was an unavoidable complication or the result of preventable mistakes. When explanations from staff seem inconsistent, or when symptoms do not align with what parents were told, it may indicate that something important was overlooked.
Determining negligence involves reviewing what happened before and during delivery. A provider may have delayed a needed C-section, overlooked abnormal fetal tracings, or used delivery tools improperly. These errors can lead to long-lasting complications that require continued medical or developmental support. Many families also notice gaps or contradictions in documentation, which can raise further questions.
Even with established safety procedures in place in Miami hospitals, communication lapses and rushed decision-making can still occur. We review medical records, evaluate staff actions, and collaborate with qualified medical professionals to determine whether the standard of care was breached. Our goal is to give families a clearer understanding of what happened and whether their child’s injury could have been prevented.
Liability in birth injury cases can involve several providers, since many professionals participate in the labor and delivery process. Obstetricians, nurses, midwives, anesthesiologists, neonatal specialists, and hospitals all play distinct roles, and an error by any one of them can significantly impact the outcome.
Hospitals may be responsible for issues like understaffing or inadequate training, while physicians may be accountable for delayed decisions or overlooked risk factors. Nurses may also share liability if they fail to communicate significant changes in a mother’s or baby’s condition. These missteps often overlap, creating situations where preventable harm becomes more likely to occur.
We review each participant’s actions, along with hospital policies and communication logs, to determine whether mistakes were isolated or part of a broader system issue. This approach helps us identify the responsible parties and pursue the compensation families need for ongoing care and support.
Proving liability requires reviewing medical records, diagnostic tests, fetal monitoring strips, and key decisions made during labor and delivery. These details help determine whether the standard of care was followed. Under Florida Statute 766.102, providers are required to meet accepted medical standards, and families may pursue legal action when a breach of these standards causes harm.
Our team evaluates whether monitoring was adequate, whether responses to complications were timely, and whether delivery tools were correctly used. We work with medical experts who clarify how proper care would have altered the outcome, providing families with a clear understanding of what happened and supporting their path toward justice.
The consequences of a birth injury can profoundly alter the course of a child’s life, often requiring a lifetime of specialized medical care, therapeutic interventions, educational accommodations, and ongoing emotional support. These injuries can affect physical development and cognitive, behavioral, and social abilities, requiring a multidisciplinary team of professionals to assist in the child’s progress.
Families may face the burden of coordinating appointments with pediatric specialists, managing complex treatment regimens, and adapting their homes and daily lives to meet the child’s evolving needs. The emotional strain of these adjustments can be overwhelming, particularly as parents seek to understand how best to support their child’s future.
These costs, both financial and emotional, can escalate rapidly, particularly in cases involving permanent disability or severe neurological impairment. For many families, the path forward includes navigating insurance claims, obtaining individualized education plans (IEPs), and addressing the financial strain of lost wages due to caregiving responsibilities.
In legal terms, the compensation you may pursue encompasses both tangible financial losses and intangible harms your child and family suffered, offering crucial resources to secure the best possible care and quality of life.
Potential damages include:
Economic damages are typically substantiated through comprehensive expert evaluations, including input from pediatric neurologists, rehabilitation specialists, vocational experts, and certified life care planners. These experts work collaboratively to estimate the full scope of care and support your child will need over their lifetime.
Parents often feel a sense of worry when their newborn shows signs that something may be wrong. Symptoms such as low muscle tone, persistent fussiness, difficulty feeding, seizures, or unusual reflexes may indicate an underlying condition caused during delivery. Seeking immediate medical evaluation can help identify the source of these symptoms and begin early treatment.
Parents should keep accurate medical records, document symptoms, and maintain detailed notes about conversations with healthcare providers. These steps help capture important details early, especially when memories are still fresh. Taking these measures allows families to understand whether the baby’s condition may be linked to negligence.
Miami’s healthcare system is fast-paced, and crucial details can be overlooked, making it essential for parents to advocate for their child’s well-being. Our role is to review the medical information, assess potential negligence, and explain options clearly and calmly.
When families reach out early, it allows us to preserve evidence, request records before they become harder to obtain, and determine whether expert evaluations are necessary. Taking action sooner rather than later helps protect the child’s legal rights and opens the door to securing the resources they may need.
Recognizing a birth injury is challenging, and families often feel pressured or confused by medical explanations. By taking a few early steps and seeking guidance, parents can gain clarity and begin to understand the path ahead. is fast-paced, and crucial details can be overlooked, making it essential for parents to advocate for their child’s well-being. Our role is to review the medical information, assess potential negligence, and clearly and calmly explain the options. Parents often feel a sense of worry when their newborn shows signs that something may be wrong. Symptoms such as low muscle tone, persistent fussiness, difficulty feeding, seizures, or unusual reflexes may indicate an underlying condition caused during delivery. Seeking immediate medical evaluation can help identify the source of these symptoms and begin early treatment.
Families should keep their medical records, write down concerning symptoms, and document statements made by healthcare providers. These details can become important later. Understanding what happened during delivery is not always straightforward, which is why early legal guidance may help families navigate their questions. Our role is to review the medical information, assess potential negligence, and clearly and calmly explain your options.
At Hersh Kirtman Injury Law, we are deeply committed to helping families in Miami who are coping with the aftermath of a birth injury. We recognize that every family’s story and every case are unique. Our legal team takes a comprehensive, personalized approach to each claim, carefully examining medical records, collaborating with specialists, and providing the emotional and legal support families need during this distressing time.
Our firm combines compassionate legal service with strategic litigation experience to pursue the justice and financial support your child deserves. We pride ourselves on our thorough preparation and tenacity in holding negligent healthcare providers accountable through settlement or litigation.
Why clients choose us:
We understand families’ unique challenges in the Miami area, from navigating complex hospital systems and insurance bureaucracy to coordinating long-term rehabilitation care. Our local insight, legal skills, and commitment to our clients empower us to serve as both advocates and allies. With Hersh Kirtman Injury Law on your side, you’re never alone.
Every moment counts when your child’s future is at stake. If you suspect medical negligence caused your child’s birth injury, don’t wait. At Hersh Kirtman Injury Law, we’re ready to provide the answers you deserve, the advocacy you need, and the compassion your family expects. Your first consultation is always free, and we don’t get paid unless we win. Let us help you take the first step toward justice and long-term support. Contact us today at 561.208.3700.
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In many cases, the truth becomes clearer once medical records and monitoring strips are reviewed by professionals who understand what should have happened during delivery. Parents are rarely given a full explanation in the moment, so an independent review can offer clearer insight into whether the injury was linked to a preventable medical error.
Having your child evaluated quickly and keeping notes about what doctors and nurses tell you can make a meaningful difference later. These early steps help preserve important details that often become harder to track as time passes.
A legal team can help families understand complex medical findings and determine whether something went wrong during labor or delivery. These cases often involve technical reviews, expert input, and careful analysis.
According to Florida Statute 95.11, families must file within a specific timeframe that depends on when the injury was discovered. Knowing these deadlines early helps protect your ability to pursue a claim.
Compensation may include medical care, therapy, equipment, long-term treatment costs, and other losses related to the injury. Every case is shaped by the child’s individual needs.
According to MedlinePlus, birth defects develop during pregnancy, while birth injuries occur during labor or delivery. Recognizing this distinction helps families understand whether negligence may have played a role.
Michael and his team were nothing but helpful in my long and stressful case. Any time I had any questions or needed anything, they were always extremely quick to answer my questions. Deana was also a huge help! I am also very pleased with the outcome of my situation, it was my first time involved in any sort of injury case like this and they made it as easy as possible. Thank you guys again!
Absolutely amazing experience with this firm. Michael Hersch was a pleasure to work with. He was extremely transparent, communicated regularly with updates and worked tirelessly to ensure that I received what I deserved. I cannot say enough about how positive my experience was with this firm. Highly, highly recommend!
The Law Office of Hersh Kirtmam has handled my family with complete professionalism and great compassion during a difficult time in our lives, from the first meeting we knew that had a team that fight for us ! Thank you Hersh Kirtman .
BEST LAWYER HANDS DOWN!! If you’re ever in need of one please don’t hesitate to contact this lawfirm. I am very pleased and happy with the result of my case all thanks to the hersh kirtman injury lawfirm.
I would recommend Hersh Kirtman Injury Law without any hesitation or reservations. Mr. Hersh is the attorney who handled my case. He worked tirelessly on my behalf to bring closure and a very positive outcome. Mr. Hersh’s front office were always very supportive and helpful. If Mr. Hersh was not available when I called, they always got an answer to my question and called me back without delay. Hersh Kirtman is the Injury Law firm to call.
I cannot recommend this firm enough. Michael and his team were incredibly knowledgeable, thorough and helpful throughout the entire legal process. Although my husband and I required his services due to unfortunate circumstances, we are both grateful to have met Mr. Hersh. If you’re in need of a personal injury attorney, look no further. Hersh Kirtman Law is the best!
For over a decade, Ian has fought for victims of catastrophic injuries in auto accidents, medical malpractice, and premises liability cases—securing life-changing results like a 4.35 M store front crash verdict and 4M medical malpractice settlement.
Active leader in Florida’s legal community (Florida Justice Association, Palm Beach County Justice Association) and UM Law alum with trial honors. Devotes personal time to Becca’s Closet charity and family in Delray Beach.
Recognized Excellence:
– AV Preeminent® Rated (Martindale-Hubbell’s highest honor)
– Top 40 Under 40 (National Trial Lawyers)
– Rising Star (Super Lawyers)
This page was written, edited, and reviewed by a team of legal writers in accordance with our comprehensive editorial guidelines. It was approved by Attorneys Michael Hersh and Ian Kirtman, who have more than 20 years of experience as personal injury attorneys.
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