Birth Injury Attorney Miami

Birth Injury Attorney Miami

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.

Understanding Birth Injuries in Miami

Birth injuries occur when an infant sustains physical harm during labor or delivery, which can affect their physical, neurological, or developmental health. These injuries may range from minor bruising or fractures to severe conditions like cerebral palsy or brain damage, depending on the nature and timing of the trauma. While not all birth injuries are avoidable, some may arise from the natural challenges of childbirth; others are the direct result of substandard medical care or negligent decision-making by healthcare professionals.

With its large and culturally diverse population in Miami, the healthcare system spans public and private hospitals, birthing centers, and clinics. The complexity of this network increases the risk of oversight or communication breakdowns, particularly when medical staff are stretched thin or fail to follow proper delivery protocols. Mistakes such as delayed C-sections, misdiagnosed complications, or improper use of delivery tools can lead to lasting harm.

Florida law allows families to seek compensation when a healthcare provider’s negligence harms a newborn. Understanding the distinctions between natural birth complications and preventable medical malpractice is critical to building a strong legal case. An experienced attorney will assess the facts of the delivery, consult medical experts, and determine whether accepted standards of care were breached, setting the foundation for a claim to secure justice and financial relief for the child and their family.

Common Types of Birth Injuries

Brachial Plexus Injuries

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:

• Neurapraxia – temporary nerve damage that usually heals on its own.
• Neuroma – scar tissue compresses the nerve, affecting movement.
• Rupture – a torn nerve requiring surgical repair.
• Avulsion – the most severe form, where the nerve is pulled from the spinal cord.

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.

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

Cerebral Palsy

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:

• Failure to perform an emergency C-section.
• Poor fetal heart monitoring or response to distress.
• Infections during pregnancy, such as cytomegalovirus or toxoplasmosis.
• Prolonged or obstructed labor occurs when timely intervention is not made.
  

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

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:

• Cerebral palsy
• Epilepsy
• Developmental delays
• Learning disabilities

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

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:

• Jaundice due to the breakdown of red blood cells
• Anemia
• Infections if the pooled blood becomes contaminated

Severe or persistent cephalohematomas may necessitate medical drainage or further diagnostic evaluation.

Asphyxia and Brain Damage

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:

• Blue or pale skin tone
• Weak or absent cry
• Poor muscle tone
• Slow heart rate

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.

Causes of Birth Injuries

Many factors can lead to a birth injury, but the most preventable involves medical error. The University of Rochester Medical Center identifies several risk factors, including the misuse of forceps or vacuum devices, delayed response to fetal distress, and maternal conditions like obesity or diabetes.

Common causes include:

• Inadequate fetal monitoring
• Delayed cesarean delivery
• Misuse of delivery tools (forceps, vacuum)
• Failure to respond to signs of fetal distress
• Poor management of prolonged labor
• Inexperienced or overburdened medical staff

Establishing Liability in Birth Injury Cases

To pursue a birth injury claim in Florida, we must establish that a healthcare provider violated the accepted standard of care. This benchmark represents what a reasonably competent professional would have done under similar circumstances, and that this deviation directly harmed your child. Proving this connection requires a meticulous and strategic approach grounded in legal and medical analysis.

This process involves gathering comprehensive evidence, such as hospital protocols, witness testimony from delivery room staff, and a detailed comparison between actual and expected clinical actions. Medical experts’ role is critical in explaining to a jury how a deviation occurred and why it constituted negligence.

Key steps in establishing liability include:

• Reviewing prenatal and delivery records to uncover any signs of misdiagnosis, inadequate prenatal care, or improper monitoring during labor.
• Consult with medical experts who can testify whether standard practices were followed or ignored.
• Documenting the extent and specific nature of the child’s injuries and tracing their likely cause.
• Identifying all liable parties, including obstetricians, nurses, anesthesiologists, or the hospital as an institution for systemic failures.

In Miami, state laws add another layer of complexity. Plaintiffs must serve a pre-suit notice of intent to litigate, along with a verified written medical opinion from a qualified expert stating that there are reasonable grounds for a claim. This procedural step, codified under Florida Statute Chapter 766, is designed to prevent frivolous lawsuits but also requires high preparation and legal precision. Our firm handles all of these requirements thoroughly to preserve your right to pursue justice without delay or procedural missteps.

Damages You Can Recover After a Birth Injury

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:

• Medical expenses (both historical and projected).
• Physical and occupational therapy are needed for motor skill development.
• Speech and behavioral therapy for cognitive or language-related challenges.
• Mobility aids, medical devices, and home accessibility modifications.
• Educational support, such as tutoring or special education services.
• Lost future income and the child’s earning capacity are diminished.
• Emotional anguish and mental suffering experienced by the child and family.
• Loss of companionship, enjoyment of life, and overall quality of life.

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.

Why Choose Hersh Kirtman Injury Law for Your Birth Injury Claim?

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 focus exclusively on personal injury and medical malpractice cases, giving us a depth of knowledge and insight few firms can match
• We have secured significant results for children with birth injuries, helping families access critical care and lifelong support.
• To build compelling cases, we partner with top medical experts, including neonatologists, pediatric neurologists, and life care planners.
• We handle every case with empathy, discretion, and determination, ensuring families feel heard and understood.

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.

Ready to Speak with a Birth Injury Attorney in Miami?

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.