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Miami, FL Birth Injury Attorney – Get the Compensation You Deserve

Birth injuries can be a devastating experience for any family, especially when they result from preventable medical negligence. It is crucial for families affected by negligence from medical malpractice, mistakes or errors from healthcare professionals to seek justice from a birth injury lawyer who will help you obtain compensation for the lifelong treatments and care your child may require. In this page we will provide a detailed legal guide and help you navigate the complex world of lawsuits in birth negligence in Miami, Florida. Our promise to you is to help you make informed decisions when choosing the right birth injury attorney to represent your family.

From understanding the role of a birth injury lawsuit and the types of medical professionals involved in these cases, to exploring local Miami hospitals and their involvement in your lawsuit we will empower you with the knowledge needed to pursue justice and secure the compensation your family deserves. Remember you only have 2 years to file a lawsuit, delve into case studies involving cerebral palsy and Erb’s palsy verdicts, and learn the essential qualities to look for in a Miami birth injury lawyers.

Page Summary

  • Birth injury lawyers provide legal representation for families affected by preventable birth injuries.
  • Miami, FL offers expert legal representation with notable lawyers providing comprehensive support to ensure the best outcome.
  • Choosing a qualified Miami birth injury lawyer is essential for families seeking justice and compensation after medical negligence.

The Role of Birth Injury Attorneys

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Families affected by preventable birth mistakes which caused an injury benefit immensely from the legal representation and support provided by Miami birth injury attorneys. Our main objective is to:

  • Hold every party accountable for the damage sustained by a newborn
  • Help families file birth injury claims
  • Strive for justice and compensation for lifelong treatments
  • Hold negligent healthcare professionals to account
  • Secure the necessary financial support for families to care for their injured child.

Several factors should be considered when selecting a birth injury lawyer, including their qualifications, experience in handling birth injury lawsuit cases, and familiarity with state laws and regulations. Moreover, a complimentary consultation with an attorney that specializes in birth injury we can help assess legal options if a medical error may have caused a child’s injuries and determine the viability of medical malpractice lawsuits.

Expert legal representation in Miami, FL, ensures that families receive the compensation they deserve in birth injury lawsuits. Many law firms, including national law firms with local presence, offer free consultations and case reviews to help families understand their options and take the first step toward justice. Our Miami birth injury lawyers play a crucial role in achieving this goal.

Selecting the right birth trauma lawyer in Miami requires careful consideration of their track record and their experience in dealing with similar cases. Notable birth injury attorneys based in Miami include: Percy Martinez, Miami Medical Malpractice Lawyers.

Our birth injury lawyers are dedicated to providing comprehensive legal representation and support to families affected by birth injuries, ensuring the best possible outcome for their clients.

Case Evaluation

Offering a free case review, our birth injury lawyers assess the medical errors the infant or newborn suffered and help you figure out the potential for compensation by evaluating the viability of a lawsuit. During a case evaluation, our attorneys consider several elements, including:

Abusive, neglectful, or disrespectful care towards the mother.

Improper use of forceps or vacuum extraction.

Performing unnecessary interventions or procedures that are not medically indicated.

Inappropriate, disrespectful, or discriminatory treatment of pregnant women.

Providing a free case evaluation, our birth injury attorneys empower families with an understanding of their legal options, helping you make informed decisions about pursuing a medical malpractice lawsuit against health care professionals. If a lawsuit is deemed viable, our attorney will work diligently to gather evidence, devise negotiating strategies, and provide comprehensive advice throughout the legal process.

Common Birth Injuries and Medical Malpractice

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In some cases, a child’s birth injury can be attributed to medical malpractice. Common damages caused by medical malpractice which result in damages during birth include cerebral palsy, Erb’s palsy, and hypoxic-ischemic encephalopathy (HIE). These injuries can result in lifelong disabilities and developmental delays, significantly impacting the quality of life for the affected child and your family.

These types of birth injuries and their potential causes is critical in determining if medical negligence has led to a preventable birth injury. Identifying the type of birth injury and its cause is a crucial step for families in pursuing legal action against responsible healthcare providers and understanding how much compensation you will obtain for your child’s injuries.

Cerebral Palsy

Cerebral palsy is a neurological disorder caused by severe brain damage during the birthing process, which can be a result of medical negligence or preventable complications. Signs of cerebral palsy in newborns may include:

  • Stiffened muscles and joints
  • Excessive drooling
  • High-pitched crying
  • Difficulty holding up their head
  • Feeling unusually stiff or floppy

Examples of medical negligence or preventable complications associated with cerebral palsy include:

  • Mistakes made during childbirth
  • Applying to much pressure during the birthing process
  • Failure to monitor fetal distress
  • Delayed or improper response to complications during labor and delivery
  • Improper use of delivery instruments
  • Failure to perform a timely cesarean section when necessary
  • Administering incorrect medication or dosage during pregnancy or childbirth
  • Inadequate prenatal care and monitoring

Erb’s Palsy

Erb’s palsy is a type of nerve injury that can be considered medical negligence or a personal injury, typically due to excessive force or improper handling by medical professionals. The injury occurs when the brachial plexus nerves in the baby’s shoulder are damaged, resulting in a decreased sensation and functionality of the affected arm.

The potential causes of Erb’s palsy can be traced back to negligence or medical malpractice, such as a healthcare professional using vacuum extractors or forceps incorrectly, potentially damaging the baby’s nerves. In some cases, the condition may be irreversible if the nerves are severely damaged, leading to lifelong limitations in range of motion and dexterity, which essentiality to heal requires expensive medical treatment for the child’s disability.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) is a brain injury caused by oxygen deprivation during birth, which can lead to lifelong disabilities and developmental delays. This oxygen deprivation can occur due to various reasons, including complications with the umbilical cord, placental abruption, or maternal health issues such as preeclampsia.

The long-term effects and disabilities associated with HIE can include:

  • Cerebral palsy
  • Intellectual/developmental disabilities
  • Learning disabilities
  • Epilepsy/seizures
  • Hearing and visual impairment
  • Cognitive difficulties

Identifying and addressing the cause of oxygen deprivation during birth is crucial in preventing HIE and its associated lifelong consequences.

Miami Hospitals and Birth Injury Cases

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Miami hospitals is a significant role in life altering consequences, as they are responsible for providing medical care to the affected families and ensuring that their staff is adequately trained and qualified to deliver the required care. Two prominent hospitals in Miami where birth injury cases may occur are Jackson Memorial Hospital and Baptist Hospital of Miami.

Understanding the duty of care which hospitals need to abide by can provide valuable insight into the medical care provided to families and the potential for medical malpractice lawsuits. By examining the practices and protocols of these hospitals, families can better understand their legal options and determine the best course of action for pursuing justice and compensation.

Jackson Memorial Hospital

Jackson Memorial Hospital is a major medical center in Miami, FL, with a long history of providing comprehensive medical services to the community. With over 1550 inpatient beds and an average daily census of 1,600 patients, the hospital is responsible for providing care to a large number of families.

As a prominent institution in Miami, birth injury cases may occur at Jackson Memorial Hospital. The hospital’s medical malpractice department is responsible for handling birth injury cases and working closely with knowledgeable attorneys to achieve a resolution for the affected families. By examining the hospital’s role in birth injury cases, families can gain a better grasp about medical negligence at a hospital and the appropriate legal action to take.

Baptist Hospital of Miami

Baptist Hospital of Miami is another notable medical facility in the area, also handling birth injury cases. The hospital has a generally favorable reputation, with patients noting the attentive and compassionate staff, as well as a family-oriented atmosphere.

Baptist Hospital of Miami has been involved in medical malpractice cases related to many birth injuries, and lawsuits have been filed against the hospital alleging negligence in the care and treatment of newborns. Understanding the role of hospitals in birth injury cases can provide valuable insight into the potential for filing birth injury claims and the best course of action for pursuing justice and compensation.

Types of Medical Professionals Involved in Birth Injury Cases

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Various medical professionals can be involved in birth injury cases, including:

  • Obstetricians
  • Nurses
  • Midwives
  • Anesthesiologists

Each of these professionals plays a crucial role in the delivery process and can be held responsible for birth injuries resulting from negligence or improper care.

Understanding the roles and responsibilities of these medical professionals in birth injury cases can help families determine the appropriate legal action to take when seeking compensation. By examining the potential causes of birth injuries and the types of medical professionals involved, families can better understand their options and pursue justice for their child.


Obstetricians are responsible for the care of pregnant women and can be held accountable for birth injuries caused by negligence. Their roles and responsibilities during childbirth include:

  • Monitoring the health of the mother and baby
  • Providing medical care during pregnancy
  • Conducting ultrasounds and other examinations
  • Ensuring the well-being of both the mother and baby
  • Guiding women through the process of childbirth
  • Documenting medical histories

Common errors committed by obstetricians that result in birth injuries include:

  • Delayed delivery
  • Failure to detect fetal distress
  • Failure to monitor mother and infant during labor
  • Improper utilization of forceps or vacuum extractors
  • Medication errors
  • Communication breakdowns

Holding obstetricians accountable for their actions is pivotal in preventing future birth injuries and securing necessary compensation for families to care for their child.

Nurses and Midwives

Nurses and midwives play a vital role in the delivery process, offering support and care to the mother and baby during labor and delivery. They are responsible for monitoring the mother and baby’s health, providing medical guidance, and helping to ensure a secure delivery.

Birth injuries attributed to nurses and midwives may be caused by medical negligence, such as:

  • Failure to monitor fetal heart rates or maternal distress
  • Improper use of forceps or vacuum extractors leading to skull fractures
  • Negligence in providing appropriate care during childbirth

By understanding the role of nurses and midwives in birth injury cases, families can pursue legal action against these medical professionals if negligence or improper care has occurred.


Anesthesiologists are responsible for:

  • Administering anesthesia during labor and delivery
  • Ensuring the safe and effective administration of analgesia for labor
  • Administering anesthesia for cesarean delivery

However, negligence in the administration of anesthesia can lead to birth injuries if there are errors or complications.

Examples of birth injury cases involving anesthesiologist negligence include:

  • Misuse of epidurals and spinal blocks during delivery leading to damages such as hypoxic-ischemic encephalopathy (HIE) and cerebral palsy (CP)
  • Anesthesia mistakes causing vision or hearing loss in the newborn
  • Birth injuries resulting from anesthesia errors that can lead to a lack of oxygen, hypoxic brain injury, or hypoxic ischemic encephalopathy (HIE)

By understanding the role of anesthesiologists in birth injury, families can take legal action against these medical professionals if negligence or improper care has occurred.

Case Studies Relevant to Percy Martinez

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In this section, we will explore case studies relevant to Percy Martinez, showcasing successful settlements and verdicts in cerebral palsy and Erb’s palsy cases. These case studies demonstrate the dedication, expertise, and success of the Percy Martinez – Medical Malpractice Lawyers in representing families affected by birth injuries.

By examining these birth injury lawsuits, families can gain a better understanding of the legal strategies and outcomes that can be achieved with the right birth injury lawyer. This knowledge will help families make informed decisions when seeking legal representation for their child’s birth injury case.

Cerebral Palsy Settlement

In one cerebral palsy settlement, the child suffered a medical mistake from healthcare professionals; there was forceps caught around the umbilical cord which caused a traumatic brain injury which ultimately led to oxygen deprivation and caused a significant brain injuries. The family received compensation for medical expenses, future care, and pain and suffering. The settlement amount was determined based on several factors, including the severity of the child’s condition, the extent of medical expenses, future needs, and the negligence of the responsible parties. The average settlement for cerebral palsy cases can range from $1 million or more.

This case study demonstrates the importance of engaging an experienced birth injury lawyer with a proven track record in handling cerebral palsy cases. Our birth injury lawyers work hard by securing the compensation needed for their child’s ongoing care, the family was able to ensure the best possible quality of life for their child in a birth injury claim.

Erb’s Palsy Verdict

In an Erb’s palsy verdict, the family was awarded compensation for medical expenses, future care, and loss of quality of life from brachial plexus injuries caused by applying too much pressure in the birth canal. The verdict took into account factors such as the severity of the child’s injury, the extent of medical expenses, future needs, and the negligence of the responsible parties.

This case study form birth related medical malpractice highlights the importance of pursuing legal action against medical professionals responsible for a medical mistake which resulted in damages to the infant. By holding these professionals accountable and securing compensation for their child’s care, the family was able to provide the necessary support and resources for their child’s ongoing needs.

Choosing the Right Miami Lawyer

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Choosing the top birth injury attorneys plays a significant role in ensuring that families receive due financial compensation and healthcare professionals are held accountable for their negligence. Key factors to consider when selecting a Miami birth trauma lawyer include:

  • Experience
  • Results
  • Communication
  • Compassion
  • Professionalism

A thorough consideration of these factors and a close examination of client testimonials enable families to make an informed decision in selecting a birth injury attorney to fight for justice and compensation on their behalf. This decision can significantly impact the outcome of their case, as well as the future well-being of their child.

Experience and Track Record

An experienced birth injury attorney with a proven track record can greatly increase the likelihood of obtaining compensation for a child’s birth injury treatment. The benefits of hiring a lawyer include:

  • In-depth knowledge of the legal intricacies associated with medical negligence involving births.
  • Familiarity with relevant laws and regulations
  • Ability to navigate the complexities of the legal system
  • Access to resources and experts in the field of birth injury law

At our law firm Percy Martinez – Medical Malpractice Lawyers you can ensure that your case is handled with expertise and help maximize your chances of receiving the compensation you deserve.

With experience and dedication, our top birth injury lawyer has phenomenal negotiation skills and confidence to achieve a desirable result for our clients. Our experience also permits them us to predict likely obstacles and devise effective legal strategies to deal with them.

In summary, the experience of a birth injury lawyer can significantly shape the case outcome by improving the prospects of a favorable settlement or verdict.

Client Testimonials

Client testimonials can provide valuable information on an attorney’s reputation, experience, and success rate. They can help build trust and confidence in the attorney’s abilities, while negative testimonials can serve as cautionary indicators. By examining client testimonials, potential clients can gain an understanding of the attorney’s track record, expertise, and client satisfaction, which can be of great importance when making a decision in a complex birth injury case.

For example, clients have commended Percy Martinez for his attentiveness, directness, and commitment to ensuring they comprehend the process. You can find testimonials here.

Communication and Availability

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The qualities of effective communication and availability in a birth injury attorney are vital, as they ensure the clients are kept well-informed and supported throughout the legal process. An attorney who is readily available allows clients to:

  • Address any issues or queries they may have promptly
  • Receive updates and progress reports on their case
  • Seek guidance and advice when needed
  • Feel supported and reassured during a difficult time

These qualities are essential in providing clients with the assurance and peace of mind they need during the legal process.

Moreover, an available attorney can rapidly respond to any occurrences or alterations in the case, permitting expeditious modifications in strategy if needed. This degree of availability can contribute to a more efficient and effective legal representation, ultimately augmenting the prospects of a desirable outcome for the client.

Legal Help, for Free

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A birth injury lawsuit can be an overwhelming experience for families, but with the right legal representation, justice and compensation can be sought for the lifelong treatments and care their child may require. We’ve provided comprehensive information pertaining of medical malpractice lawsuits involving birth injuries in Miami, Florida, including insights into the roles of birth injury attorneys, medical professionals, and Miami hospitals in these cases.

By understanding the types of birth injuries and their potential causes, families can pursue legal action against the responsible healthcare providers and seek compensation for their child’s injuries. With the right birth injury lawyer by your side, families can secure the financial support needed to care for their child and improve their quality of life. You can always speak with us; if you child suffered from negligent medical care, call us at anytime for a free consultation regarding your case.

Frequently Asked Questions

What is considered a birth injury?

Birth injuries refer to physical injuries suffered by mother or baby during childbirth, ranging from bruising to broken bones in newborns.

Which birth injury requires treatment?

Some birth injuries, such as a deeper tear that needs stitches or a skull fracture, may require treatment at the time of the injury. This may include surgery to repair nerves and/or the use of adaptive equipment such as braces, wheelchairs, orthotics, and strollers. Mild nerve injuries typically heal with either no treatment or minimal care.

What is the role of a birth injury lawyer?

A birth injury lawyer is a professional who helps families affected by birth injuries seek justice and compensation, holding negligent healthcare professionals accountable.

What types of birth injuries are commonly caused by medical malpractice?

Common birth injuries caused by medical malpractice include CP cerebral palsy, Erb’s palsy, and hypoxic-ischemic encephalopathy (HIE).

How can I determine if a birth injury was caused by medical malpractice?

To determine if a birth injury was caused by medical malpractice, families must understand the types of birth injuries and their potential causes, and pursue legal action against healthcare providers if negligence is suspected.