Coral Gables Birth Injury Attorney
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 6, 2024
Table of Contents
- Why Choose Our Coral Gables Birth Injury Attorneys?
- How Long Do I Have to File a Birth Injury Claim in Coral Gables, FL?
- What Compensation Can You Receive for a Birth Injury Case in Coral Gables?
- What Is The Cost Of Hiring a Birth Injury Lawyer in Coral Gables?
- What Causes Birth Injuries?
- What Constitutes Medical Malpractice in a Birth Injury Case?
- Who Is Liable for Birth Injuries in Coral Gables, FL?
- Contact Our Coral Gables Birth Injury Lawyer Today for A Free Case Consultation
Birth injuries may affect your child’s health and development. They can also profoundly impact your family’s emotional and financial well-being. If you or your child has suffered an injury during pregnancy, labor, or delivery, you may be eligible for compensation from the responsible medical providers. The birth injury attorneys in Coral Gables at Freedland Harwin Valori Gander can help.
Our team is committed to holding hospitals, doctors, nurses, and other health care professionals accountable for medical negligence resulting in birth injuries, including cerebral palsy, brain damage, fractures, and other conditions.
Why Choose Our Coral Gables Birth Injury Attorneys?
When facing the challenges of a birth injury, the right lawyer can help you seek compensation and hold those responsible accountable. At Freedland Harwin Valori Gander, our Coral Gables medical malpractice lawyers have over 20 years of experience and have obtained over $2.6 billion in settlements and verdicts for our clients.
Our award-winning team provides compassionate legal support and aggressive representation for families. We don’t back down from the largest and most powerful medical providers and insurers. The initial consultation is free, and our fee structures are transparent. Let us fight for the compensation you deserve.
We have handled cases against nearly all of the hospital systems in South Florida, including Baptist, Kendall Regional Medical Center, Aventura Medical Center, South Miami Hospital, Palmetto Medical Center, Hialeah Hospital, and many others.
We have also handled brachial plexus cases against many of the hospitals and we are familiar with how they litigate these cases. Our team is frequently asked to lecture and moderate legal debates with respected lawyers and members of the judiciary in Miami-Dade County.
Real Birth Injury Case Results
We have recovered millions in compensation for those affected by birth injuries, including a $10 million settlement on behalf of a child who suffered a brain injury during birth.
- $10 million settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth. We were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.
- $4.1 million settlement for the wrongful death of a mother who had a hypertensive crisis after birth that was not appropriately treated and ultimately led to her death. This was against a Baptist facility.
- $15.3 million arbitration award for the catastrophic injuries to a mother shortly after she gave birth to her child at Kendall Regional Medical Center.
Coral Gables Neighborhoods FHVG Serves
Our team represents children and families located in the following areas:
- Gables Estates
- Coral Gables
- Downtown Miami
- Sunrise Harbor
- Cocoplum
- Gables by The Sea
- Old Cutler Bay
- Hammock Oaks
- Hammock Lakes
- Deering Bay
- North Miami
- Aventura
- Hialeah
Schedule a free consultation if you or your child has suffered a birth injury in these neighborhoods.
How We Can Help With Your Case?
Navigating a birth injury can be overwhelming for any family. Our skilled and knowledgeable Coral Gables birth injury lawyers can help your family pursue justice and compensation for medical negligence. We ethically use all resources available to pursue the maximum recovery.
We will assist you by doing the following:
- Provide a free consultation and give you compassionate legal advice.
- Evaluate all aspects of your birth injury case.
- Investigate to determine all the liable medical providers.
- Gather evidence and build a strong case to establish the elements of medical negligence. Calculate your birth injury damages.
- Negotiate with insurers to obtain the settlement you deserve.
- Litigate your birth injury claim and advocate for you in court.
Some of our attorneys have experience on the other side of the aisle, defending medical providers and their insurance companies. This perspective gives us a unique advantage when fighting for our clients because we can anticipate their strategy and tactics. Contact us to learn more about our services and how we can help with your case.
“Can’t thank Freeland Harwin Valori Gander enough for how they fought for us. Very personable, caring and persistent. Was never a doubt they had our best interest at heart. Kept us informed and educated through out the whole process. Michael Freeland was personally available and so helpful. Thank you so much.” – Google Review
How Long Do I Have to File a Birth Injury Claim in Coral Gables, FL?
Florida’s statute of limitations sets the deadline for filing a birth injury claim. For medical malpractice claims, your lawsuit generally must be filed within two years from the date the injury is or should have been discovered.
However, Florida law provides an exception extending the deadline for filing a birth injury lawsuit on behalf of a child until the child reaches eight years old. While you may have several years to pursue a birth injury claim, it is always advisable to consult a Coral Gables birth injury attorney as soon as possible to prevent loss of evidence.
What Compensation Can You Receive for a Birth Injury Case in Coral Gables?
After a birth injury, your family may face a seemingly insurmountable financial burden while dealing with the emotional tumult and shock. While no money can undo the harm caused by medical negligence, a birth injury lawsuit could provide compensation to meet your immediate and long-term needs.
The damages recoverable for birth injuries include the following:
- Medical expenses: Compensation for costs incurred for medical care related to the birth injury, such as hospital stays, surgeries, and medications.
- Ongoing health care needs: Compensation for your child’s ongoing health care needs, such as home modifications and specialized medical equipment.
- Rehabilitation costs: Compensation for expenses associated with rehabilitation, such as physical therapy, occupational therapy, and other rehabilitative support.
- Compensation for pain and suffering: Compensation for your child’s pain and suffering, including the impact of a birth injury on their quality of life.
- Lost wages: Compensation for lost wages if you or another caregiver must reduce your work hours or stop working to care for your child.
- Punitive damages: Compensation for birth injuries may result from egregious misconduct. In limited cases, a court may award punitive damages to punish the responsible party and deter future misconduct.
Every case is different. Schedule a free consultation with our experienced Coral Gables birth injury attorneys to learn about the compensation available in your case.
“Very helpful and dependable, they really made things happen” – Antoinette Johnson, Google Review
How Much Is a Birth Injury Lawsuit in Coral Gables Worth?
Determining the value of a birth injury lawsuit in Coral Gables requires a thorough evaluation. Every case is different, but important factors include:
- The severity of the injury
- The permanence of the injury or disability
- The effects on the quality of life
- Medical and rehabilitation costs
- Ongoing health care needs
- Pain and suffering
- Lost wages
Our experienced Coral Gables attorneys will evaluate all aspects of your case to estimate its value. We determine and evaluate all your potential damages so you seek all the compensation you are eligible to receive.
What Is The Cost Of Hiring a Birth Injury Lawyer in Coral Gables?
A primary concern for many families involved in birth injury cases is the cost of hiring a lawyer. At FHVG, our Coral Gables birth injury attorneys take cases on a contingency fee basis, meaning you are not required to pay upfront or hourly fees for our services. Instead, our fee is a fixed percentage of the settlement or trial award we win for you. If you do not win your case, we do not get paid. Thus, retaining our Coral Gables birth injury attorneys is risk-free for you.
What Causes Birth Injuries?
A difficult birth or injury to the baby can occur because of the baby’s size or the position of the baby during labor and delivery. Conditions that may be linked to a difficult birth include the following:
- Large babies. Birthweight over about 8 pounds, 13 ounces (4,000 grams).
- Prematurity. Babies born before 37 weeks have more fragile bodies and may be more easily injured.
- Cephalopelvic disproportion. The size and shape of the mother’s pelvis is not adequate for the baby to be born vaginally.
- Dystocia. Difficult labor or childbirth.
- Prolonged labor
- Abnormal birthing presentation. An example of this is a buttocks-first, or breech, delivery.
- Maternal obesity
What Constitutes Medical Malpractice in a Birth Injury Case?
Medical malpractice causes many birth injuries. To succeed in a birth injury case, you will need to show a provider breached their standard of care, which means they failed to provide the care that a reasonably competent provider would have offered under similar circumstances, causing harm. Establishing medical malpractice requires showing four key elements:
- Duty of care: Doctors, nurses, and other providers owe the mother and her child a duty to provide the established standard of care. You must establish that the relationship with the health care provider gave rise to this duty.
- Breach of duty: To establish a breach, you must show that the provider failed to meet the standard of care expected from a reasonably competent provider with the same level of training under the same circumstances.
- Causation: You must also show that the provider’s breach caused the birth injury.
- Damages: Finally, you must show the injury resulted in specific damages, such as medical expenses, pain and suffering, or other losses.
Common Birth Injuries From Negligence
Birth injuries caused by medical negligence can have lasting impacts on your child’s life. Understanding birth injuries associated with negligence may help you recognize them in your own experience.
Our Coral Gables birth injury attorneys will seek compensation for all common birth injuries, including the following:
- Cerebral palsy
- Hypoxic Ischemic Encephalopathy
- Erb’s palsy
- Caput succedaneum, a type of scalp swelling
- Intracranial hemorrhages
- Brachial plexus injuries
- Fractures
- Brain injuries
- Spinal cord injuries
- Cranial nerve injuries
- Skull fractures
- Humerus or clavicle fractures
- Asphyxia
- Maternal Death
- Injuries to vacuum extraction
- Meconium aspiration
If you believe your child’s injury resulted from medical malpractice, our team can help you seek justice.
Who Is Liable for Birth Injuries in Coral Gables, FL?
Several parties may be liable for a birth injury in Coral Gables due to negligence or substandard care. The exact parties in your case will depend on the circumstances of your child’s injury. Potentially liable parties include:
- Doctors
- Obstetricians
- Nurses
- Midwives
- Hospitals
- Pharmaceutical companies
Determining liability requires a detailed investigation. Our Coral Gables birth injury attorneys will review medical records, consult with experts, and analyze the parties involved in your child’s birth. These steps will allow us to pinpoint all liable parties and pursue full compensation.
Contact Our Coral Gables Birth Injury Lawyer Today for A Free Case Consultation
If your family is navigating the challenges of a birth injury, you do not have to face this journey alone. Our team of Coral Gables birth injury attorneys is committed to representing victims in these complex cases.
Put our over 20 years of experience to work for you and take steps toward recovery and compensation. Call (954) 467-6400 or fill out a form online for a free consultation anytime, anywhere.
“The level of professionalism of the staff were above outstanding.” – Nick Jourdain, Google Review
free consultation anytime, anywhere.
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999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134
