No Fee Unless You Win
When a moment meant to bring joy instead brings heartbreak, families are left searching for answers. A birth injury can turn what should have been the happiest day of your life into one filled with fear, uncertainty, and unimaginable stress.
This is when a Boca Raton Birth Injury Lawyer can step in during this painful time, helping parents hold negligent providers accountable and secure the care and compensation their child will need.
At Hersh Kirtman, we blend compassion with courtroom strength to help families in Boca Raton rebuild after tragedy. We know the fear, the questions, and the financial strain that follow a birth injury, and our birth injury attorneys stand ready to fight for justice and the support your family needs to move forward.
A birth injury is harm suffered by a newborn or mother during labor or delivery, often leaving long-lasting effects. These can range from a temporary fracture that heals quickly to neurological damage that changes the course of a child’s life. For mothers, the impact may include organ damage, hemorrhages, or complications that affect their long-term health.
Birth injuries are especially serious because of timing. A baby deprived of oxygen for just minutes may develop brain damage, while a mishandled delivery can cause nerve injuries that affect mobility for life. According to the National Institutes of Health, outcomes depend on both the severity and type of injury, with neurological complications often creating the most significant long-term challenges for children.
When tragedy strikes, families often seek guidance from a Boca Raton Birth Injury Lawyer who can explain their rights and options.
Children are very vulnerable during delivery. The transition from the womb to the greater world is full of risks and complications. Fortunately, competent medical professionals should spot problems and deploy proven solutions. Sadly, some doctors and hospitals are negligent.
We have helped families whose child has suffered from:
Some injuries, such as most fractures, should heal if treated properly. Other injuries, including brain injuries due to oxygen deprivation, could result in a lifetime of learning disabilities. Looking for a well-experienced Boca Raton birth injury lawyer? Call us today for a free case review.
Mothers can face serious health consequences when mistakes are made during labor or delivery. These complications are often preventable with proper care and timely intervention:
For some, these injuries mean emergency surgery and lengthy recovery. For others, the harm can be permanent or even fatal. Families in Boca Raton often turn to a Boca Raton Birth Injury Lawyer when providers overlook clear warning signs and mothers pay the price.
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
Preventable birth injuries most often happen because of medical negligence. Examples include:
When doctors or hospitals fall short of the accepted standard of care, their mistakes can have lifelong consequences for a child or mother.
Not all birth injuries are caused by negligence. Some complications, despite the best care, are unavoidable. Premature deliveries, rare genetic conditions, or sudden umbilical cord issues may lead to injury even when medical teams respond appropriately.
The challenge for families is knowing the difference. A skilled birth injury attorney in Boca Raton can help determine whether malpractice caused the harm.
After a birth injury occurs, parents, understandably, may feel devastated that their child has had to suffer so soon in their lives. Unfortunately, it is not always easy to determine whether someone can be held legally responsible for the resulting harm. While there are risks with any medical procedure, problems do not always indicate the existence of medical negligence in a case. However, if your child’s injuries were caused by a preventable mistake, you may be able to recover damages in a medical malpractice claim.
Some examples of medical malpractice that can lead to a birth injury include any of the following:
If you believe that medical negligence is to blame for your child’s birth injury, you have the right to seek justice. Contact our Boca Raton Birth Injury Lawyer at Hersh Kirtman Injury Law to discuss the facts and circumstances of the injury. Our attorneys can assess whether it makes sense to pursue a medical malpractice claim.
Families deserve compensation that reflects both the financial costs and the emotional weight of a birth injury. In Boca Raton, these claims often include:
The right Boca Raton Birth Injury Lawyer can calculate damages that reflect both immediate needs and the cost of lifelong care.
If your baby was harmed during birth due to the negligence of a medical provider, the law affords you the right to seek justice against the wrongdoer accountable in a medical malpractice claim. Our attorneys are well-versed in Florida’s medical malpractice laws as they apply to birth injury cases. We have the knowledge, experience and compassion to guide you through this complex process.
In Florida, birth injury victims must file their claims within a certain time frame decided by the state. This time frame is referred to as the statute of limitations. For medical malpractice birth injury cases, the statute of limitations can be found at Florida Statute § 95.11(4). This statute of limitations gives victims of birth injury up to two years from the date the suspected malpractice was discovered or reasonably should have been discovered. However, children harmed in a birth injury can file without their parents also being listed as plaintiffs any time before their eighth birthday.
Families trust Hersh Kirtman because we fight for them as if they were our own. With over two decades of combined experience and a track record of multimillion-dollar verdicts, we don’t shy away from tough battles against hospitals and insurers. Here’s what makes our firm different:
For families searching for a trusted Boca Raton Birth Injury Lawyer, our team brings both compassion and courtroom strength. When families put their trust in Hersh Kirtman, they know they’re working with advocates who never stop fighting for what’s right.
Families facing the aftermath of a birth injury need more than legal advice; they need guidance, support, and strong advocacy every step of the way.
At Hersh Kirtman, we provide all three with the dedication, compassion, and determination that families in Boca Raton deserve. Call us at 561-208-3700 or complete our online form to schedule a free consultation with a trusted Boca Raton Birth Injury Lawyer who will fight for your family’s future.
Find directions to our Birth Injury Lawyer’s office.
Personal Injury Lawyers in Boca Raton
At Hersh Kirtman Injury Law, we turn adversity into justice through trust and relentless advocacy. With decades of experience, we don’t just handle cases—we redefine outcomes. Your recovery starts with a conversation. Call us today for a free, no-obligation consultation—because you deserve a team that fights as hard as you do.
Every case is different. The value of a birth injury claim depends on the severity of the harm, the cost of future medical care, therapy, assistive devices, and home modifications, as well as lost earning capacity and the impact on quality of life.
Children with permanent neurological injuries may require lifelong care. A thorough evaluation considers current expenses and projected long-term needs to protect the child’s future.
A valid claim typically involves proof that a doctor, nurse, or hospital failed to meet the accepted standard of care during pregnancy, labor, or delivery, and that this failure directly caused injury. Not every complication is malpractice. However, delays in responding to fetal distress, improper use of delivery tools, failure to order a timely C-section, or poor monitoring may form the basis of a claim.
Medical records, fetal monitoring strips, and expert review are critical in determining whether negligence occurred and whether earlier intervention could have prevented lasting harm.
Florida law imposes strict deadlines. Before filing a medical malpractice lawsuit, families must comply with specific pre-suit requirements, including a formal investigation and advance notice to the healthcare provider. In most cases, the statute of limitations is two years from when the injury was discovered or should have been discovered, though certain circumstances involving children may affect how that time is calculated. Because these timelines are strictly enforced, acting promptly helps preserve evidence and protect your child’s rights.
Parents may recover financial and emotional damages. These include medical bills, future care expenses, lost wages, pain, suffering, and the loss of enjoyment of life.
Many cases resolve through negotiated settlements after extensive investigation and expert review. However, preparation for trial is essential from the beginning. When healthcare providers or institutions dispute responsibility, litigation may become necessary to secure fair compensation. We build every case as though it will be presented to a jury, strengthening our position throughout the process.
A birth injury case involves complex medical records, expert testimony, and strict procedural requirements. Working with a Boca Raton birth injury lawyer ensures that these technical and procedural demands are handled properly from the outset. Legal counsel coordinates medical reviews, consults qualified specialists, calculates long-term damages, and manages pre-suit and litigation steps required under Florida law.
Beyond the legal strategy, families benefit from clear communication and guidance during a deeply personal and emotional time, the same client-centered approach we bring at Hersh Kirtman when representing families throughout Boca Raton.
Birth injuries often result from oxygen deprivation, delayed emergency intervention, improper use of forceps or vacuum extractors, medication errors, or failure to diagnose maternal infections. In some cases, excessive force during delivery may cause brachial plexus injuries or fractures.
In others, prolonged labor without appropriate monitoring can lead to more serious neurological damage. Each situation requires careful review of what the medical team knew and how they responded.
Yes, complications involving the umbilical cord can contribute to oxygen deprivation and increase the risk of cerebral palsy. Interrupted oxygen flow to the brain is recognized as a significant risk factor associated with cerebral palsy.
Cord prolapse, tight nuchal cords, or compression that is not promptly addressed may lead to hypoxic injury. Prompt recognition and immediate medical action are essential in preventing permanent harm.
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.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 561-208-3700
1801 N. Military Trail, Suite 204, Boca Raton, FL 33431
Get Directions