Miami Birth Injury Lawyer

In many cases, birth can be a complex process, and when something goes wrong, it can be dangerous. Sometimes complications occur, and it’s nobody’s fault for the resulting birth injuries and other damages.

However, when this injury is due to OB-GYN or other healthcare specialist negligence, the liable parties must be held accountable. First, to offer restoration for damages caused to the victim and their loved ones, and second, to stop acts of negligence that could go on to harm other families. 

Filing a claim with a Miami birth injury lawyer can help you find justice for a birth injury caused by a healthcare provider. In such cases, going after hospitals and physicians is always met with strong defense from insurance companies and their attorneys. Fischer Redavid PLLC is ready to help you recover when you or your child are hurt during the birth process. 

Is a Birth Injury the Same as Medical Malpractice?

A birth injury is a form of medical malpractice. This implies that the legal process for compensation will follow Florida’s medical malpractice statutes, especially when proving that the defendant departed from standard levels of care. 

The most rewarding legal option for medical malpractice cases, including birth injuries, is filing a civil claim to pursue a monetary settlement equivalent to the damages you’ve suffered.  

In addition, a medical expert must evaluate your claim and write a merit affidavit to confirm that medical malpractice was involved in our case. This report has to be sent alongside the demand letter before you can take legal action against the liable parties. 

And finally, a birth injury can either settle early enough without going to court or proceed to a trial. All these depend on the insurance company’s willingness to pay and your attorney’s expertise in trial cases. 

Common Injuries in Miami Birth Injury Lawsuits

Some injuries are specific to birth, so when they happen, it’s best to investigate the possibility of medical malpractice. However, it’s also important to note that not all cases of these injuries or conditions occur due to negligence. 

Infant and mother birth injuries our lawyers frequently come across include:

Proving Medical Malpractice in Birth Injury Lawsuits

Suffering these injuries or any other harm during your pregnancy doesn’t automatically amount to a malpractice case. You have to prove the elements of medical malpractice by presenting different kinds of evidence. Here are some of the details you’ll need to prove when you’re hurt by a healthcare provider: 

• Doctor-Patient Relationship – A doctor-patient relationship in birth injuries is crucial for establishing a duty of care. This means that the physician is legally bound to offer standard reasonable care and prevent harm. For instance, if you made a decision based on advice you overheard in a pharmacy or saw on social media, the person who provided it is not liable for you or your child’s injuries, even if they’re a licensed doctor.  
• Deviation from Expected Standard of Care – Next, the medical provider must have administered treatment differently from a reasonable and equally qualified professional in a similar situation. Your attorney is likely to consult a medical expert witness at this point to show the standard level of care expected and whether the liable party upheld it.  
• The Breach of Care Caused Your Birth Injury – Your birth injuries must be a direct effect of the OB-GYN’s departure from standard care. In other words, the damages were preventable if the care offered matched what was professionally expected. Medical records, history of complications, and an expert witness will be invaluable for evidence.
• Provable Financial, Physical, or Emotional Damages – Damages are the hallmark of tort claims like birth injury lawsuits. To get compensated for your suffering, the breach of care must have caused damage to you or a loved one. All these are totaled up and assigned a monetary value which becomes your settlement.   

When Does Birth Injury Negligence Occur?

When a birth injury lawyer in Miami is investigating your case, they’ll start from when you began seeking medical care for your and your unborn child till the prenatal clinic visit records.

Malpractice can occur anywhere before, during, or after delivery. This means that any healthcare providers involved in your pregnancy journey within this period could be liable. 

Birth Defects vs. Birth Injuries

Most of the injuries or conditions that develop before birth are defects. These are congenital abnormalities evident at birth and often inherited genetically or caused by exposure of a fetus to toxic chemicals. 

While some birth defects are treatable after delivery, most are not and the child has to live with the condition for the rest of their life. 

Birth injuries, on the other hand, occur immediately before, during, or after the birthing process. They’re mainly caused by doctor malpractice and, thus, preventable from the start. 

Forms of Negligence Causing Birth Defects and Injuries 

If you suspect your birth injury was due to malpractice, a Miami birth injury attorney can investigate the case by tracking back events and determining when the negligence happened. This way, it’s easier to know who was responsible for your well-being at that moment and whether they provided substandard care. 

Some events to look out for include:

• Failure to monitor vital signs before and after birth
• Improper use of birth-assistive tools like forceps
• Failure to control excessive bleeding
• Poor prenatal and antenatal health monitoring
• Wrong medication or incorrect dosage
• Failing to perform a C-Section or performing one when it’s not needed
• Lack of response to maternal or fetal distress

Finding the Right Miami Birth Injury Attorney

Some Miami birth injury victims are skeptical of hiring an attorney because of the bad image of the legal industry portrayed by some law firms. When seeking a lawyer, you need one that will provide personalized attention to your case, not a settlement mill. 

Settlement mills are high-volume law firms whose experience is built on settling claims quickly for their own financial gain and with no care for your recovery. Injury victims who are unfortunate to partner with such attorneys often don’t get a large enough settlement to cover their damages. They have to pay out of pocket for the resulting expenses when this happens.

Insurance companies are glad when you hire a settlement mill because they’re confident the lawyer will not fight hard enough to take the case to trial.

Some of the common ways to spot a settlement mill include:

• The lawyer in charge of your case is always unreachable and instead, a law clerk or paralegal is assigned to communicate with you.
• Your birth injury attorney tries to settle the case so quickly that it’s suspicious.
• You feel pressured to accept a settlement you’re uncomfortable with. The law firm may offer to reduce their contingency fees if you take their proposed compensation.
• The lawyer is not forthcoming in helping you find medical and rehabilitative treatment. 

If you’re seeking to hire a birth injury lawyer, resist the urge to partner with the first one you find, especially if you got their contact from a flashy billboard or TV advert. Instead, interview and speak with several of them to compare offers and strategies they propose for your case. 

It’s also essential to select an attorney who has worked with other birth injury victims with a history of successful trials and out-of-court negotiations. Their experience can mean the difference between getting a settlement and getting your claim dismissed. 

When Birth Injuries Manifest After Leaving Hospital

Some birth injuries manifest immediately after the malpractice while others show months or even years after leaving the hospital. The latter are delayed injuries and present additional issues when pursuing compensation. 

Evidence may be hard to retrieve after such a long time, and insurance companies might claim that you or your child’s injury is due to something else and not a birth injury. A lawyer’s expertise and experience with such cases will be very significant in this instance.

Typically, you’d have two years as the statute of limitations when a birth injury is discovered during birth. In the case of a delayed injury, you have four years from when you did or should have reasonably discovered it.     

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