Birth Injury Attorney
Miami Birth Injury Attorney
When medical negligence during delivery causes injury to your baby, the consequences can last a lifetime. Our attorneys fight to ensure your family obtains the compensation needed for the lifelong care your child requires.
Featured Result: $5,500,000 — Baby with cerebral palsy due to delayed C-section
Results vary. Every case is different.
Understanding Birth Injuries
Birth injuries occur when a baby suffers harm during pregnancy, labor, or delivery. While some babies are born with unavoidable medical conditions, many birth injuries are the direct result of medical negligence. When healthcare professionals fail to meet the standard of care, the consequences for the baby and family can be devastating and lifelong.
Cerebral Palsy
Cerebral palsy is a group of movement disorders caused by damage to the developing brain. When caused by negligence during delivery, it typically results from lack of oxygen to the baby's brain (perinatal asphyxia). This can occur from failure to respond to fetal distress, delay in ordering an emergency C-section, or improper management of umbilical cord complications.
Brachial Plexus Injury and Erb's Palsy
The brachial plexus is a network of nerves running from the spine to the arm. During delivery, excessive traction on the baby's head or shoulder can damage these nerves, causing Erb's palsy. This results in weakness or paralysis of the affected arm. In severe cases, it may require surgery and cause permanent disability.
Diffuse Axonal Injury and Hypoxia
Prolonged oxygen deprivation during delivery can cause extensive brain damage. Continuous fetal monitoring is essential to detect signs of distress and act quickly. When doctors ignore fetal monitor warning signs or fail to perform an emergency C-section in time, the result can be permanent brain damage.
NICA: Florida Compensation Program
The Florida Birth-Related Neurological Injury Compensation Association (NICA) is a unique state program created in 1988 to provide compensation to families whose babies suffered severe neurological injuries during birth.
NICA covers lifetime medical and rehabilitation costs, including physical therapy, occupational therapy, adaptive medical equipment, medications, and residential care. However, NICA has important limitations:
- Does not provide compensation for pain and suffering
- Amounts may be significantly less than a trial verdict or settlement
- Only covers specific neurological injuries meeting certain criteria
- The family may lose the right to sue if they accept NICA
It is essential to consult with an attorney before accepting NICA. In many cases, filing a medical malpractice lawsuit can result in significantly greater compensation that covers all the child's and family's needs.
What To Do If Your Baby Suffered a Birth Injury
- Get the best medical care for your child. The priority is your baby's health. Consult with pediatric specialists including pediatric neurologists, orthopedists, and therapists.
- Obtain all medical records. Request copies of all pregnancy, labor, and delivery records, including fetal monitors, nursing notes, and anesthesia records.
- Document your child's development. Keep a detailed journal of your child's progress, including developmental milestones, therapies, and medical evaluations.
- Do not accept NICA without talking to an attorney. NICA may offer less compensation than a lawsuit. An attorney can evaluate your options.
- Contact a birth injury attorney. Legal deadlines matter. An attorney can investigate whether negligence caused the injury and fight for the compensation your family deserves.
Lifetime Care Costs
A child with a serious birth injury like cerebral palsy may need medical care and support throughout their entire life. Estimated lifetime costs can exceed $10 million or more, including:
- Physical and occupational therapy: Regular sessions to improve mobility and motor skills.
- Speech therapy: For children with communication difficulties.
- Medical equipment: Wheelchairs, orthotics, assisted communication devices, specialized beds.
- Home modifications: Ramps, accessible bathrooms, lift systems, adapted vehicles.
- Special education: Personalized educational programs and specialized tutors.
- Personal care: Personal care assistants, in-home nursing, 24-hour supervision.
- Surgeries and procedures: Orthopedic surgeries, neurological procedures, and treatments throughout life.
Our attorneys work with forensic economists and life care plan experts to ensure every future cost is calculated and included in your claim.
Why Your Family Needs an Attorney
Birth injury cases are among the most complex and emotional in personal injury law. They require a deep understanding of obstetric medicine, neonatology, and child development, plus experience litigating against hospitals and their powerful insurance companies.
At Get Justice Miami, our team works with obstetricians, pediatric neurologists, and child development specialists to build strong cases proving how negligence caused your child's injury. We cover all case costs — you pay nothing unless we obtain compensation for your family.
Florida Statute of Limitations
For birth injuries in Florida, the statute of limitations is generally 2 years, but for children, the deadline does not begin until the minor turns 8 years old. Additionally, the 4-year statute of repose under medical malpractice law may be extended in cases involving minors. Despite these longer deadlines, it is crucial to act soon — medical evidence from delivery records becomes harder to obtain over time, and witness memories fade.
Frequently Asked Questions About Birth Injuries
A birth injury is any injury a baby suffers during pregnancy, labor, or delivery. These injuries can be caused by medical negligence, such as failure to monitor fetal distress, improper use of forceps or vacuum, delayed C-section, or failure to respond to umbilical cord complications.
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