Fort Lauderdale Birth Injury Attorney

You trusted your obstetricians, midwives, or nurses to act in your baby’s best interests when you were pregnant. If your health care providers failed to provide the standard of care during labor and delivery, your baby may have been the victim of a life-altering birth injury. A Fort Lauderdale birth injury attorney at Freedland Harwin Valori Gander can help if your child suffered a birth injury that you suspect may be linked to medical negligence.

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

vertical gold line
horizontal gold line

Table of Contents

Childbirth has risks, but healthcare providers and expectant mothers can work together to avoid complications during pregnancy through proper care and precautions. Unfortunately, providers don’t always practice the appropriate measures, leading to a potential risk of devastating birth injuries and lifelong repercussions for the child and family.

Florida law entitles parents of children with negligence-related birth injuries to seek monetary compensation for their losses. At Freedland Harwin Valori Gander, we’re committed to helping families affected by birth injuries recover the compensation and closure they need to move forward. Our Fort Lauderdale birth injury attorneys are here to guide you through your legal options and handle each step of the legal process on your family’s behalf.

What Are Birth Injuries Due to Negligence?

According to the National Vital Statistics Report, a birth injury is “an impairment of the neonate’s body function or structure due to an adverse event that occurred at birth.” 

A variety of adverse events can lead to birth injuries. Due to circumstances beyond anyone’s control, some injuries are unavoidable, even with medical interventions. In other cases, a birth injury may result from medical intervention necessary to prevent more severe outcomes for the mother or baby.

Birth injuries also can arise from medical negligence. Health care providers attending a birth owe the mother and her child a duty of care. The duty of care varies from case to case and focuses on the care a reasonable provider would provide under similar circumstances. If a provider fails to fulfill their duty of care for a particular situation, and the baby suffers a birth injury due to this breach of duty, the parents could be eligible to file a negligence lawsuit for the birth injury.

Common Birth Injuries From Negligence

The following are some of the most common types of birth injuries often resulting from medical negligence:

  • Skull fractures
  • Blood accumulations between the skull and brain, including subarachnoid hemorrhages, epidural hemorrhages, subdural hemorrhages, and intraventricular hemorrhages
  • Blood accumulations under the scalp, including cephalohematomas and subgaleal hemorrhages
  • Caput succedaneum, a type of scalp swelling
  • Subconjunctival hemorrhages, or broken blood vessels beneath the eye’s surface
  • Cranial nerve injuries
  • Spinal cord injuries
  • Brachial plexus injuries, including Klumpke’s palsy and Erbs-Duchenne palsy
  • Birth asphyxia, which may cause cerebral palsy and hypoxic-ischemic encephalopathy
  • Abdominal visceral injuries, such as hemorrhages into the internal organs
  • Subcutaneous fat necrosis, which involves inflamed fat tissue in the baby
  • Humerus fractures
  • Clavicular fractures
  • Bruises and lacerations

Birth injuries can range greatly in severity, and no two children are affected exactly alike—even those with the same diagnosis. Some birth injuries resolve quickly with minimal treatment, while others involve profound disabilities. Occasionally, birth injuries can be fatal. 

Do You Need a Fort Lauderdale Birth Injury Lawyer for Your Case?

The law does not require you to work with an attorney to sue for birth injuries. However, having a Fort Lauderdale birth injury attorney on your side is advantageous and can greatly improve your odds of obtaining maximum compensation. Our medical malpractice law firm in Fort Lauderdale, FL, has the skills, resources, and experience to fight large corporations on your family’s behalf.

Cost of Hiring a Birth Injury Attorney

Hiring a birth injury attorney is more affordable than you might assume. At Freedland Harwin Valori Gander, we work on a contingency fee basis, which means we only get paid if we win your case. You’ll pay zero upfront and out-of-pocket costs for our services. Instead, our fee will be a portion of your recovered compensation. 

When Should You Contact a Law Firm?

It’s best to contact a law firm promptly when you realize you may have a birth injury case. Evidence can break down over time, and waiting too long to take legal action can weaken your case.

Furthermore, Florida has a deadline for filing medical malpractice lawsuits, known as the statute of limitations. Under Florida Statutes §95.11, most medical malpractice lawsuits have a two-year statute of limitations beginning on the date the malpractice occurred. 

The signs of birth injuries sometimes appear many years after a child’s birth, or it may take time for parents and doctors to recognize an injury’s long-term effects. Fortunately, Florida law recognizes this limitation in cases involving very young children. 

A 1996 law known as Tony’s Bill allows most Florida malpractice lawsuits brought on behalf of children with birth injuries to be filed any time before the child’s eighth birthday. However, it’s best not to assume that this exception applies to your case without consulting a Fort Lauderdale birth injury attorney.

Our Lawyers Are Familiar With Local Birthing Centers

The Freedland Harwin Valori Gander team has represented people with birth injury cases against many Fort Lauderdale local birthing centers, including:

  • Broward Health Medical Center
  • Memorial Regional Hospital
  • Memorial Hospital West
  • HCA Florida University Hospital
  • HCA Florida Northwest Hospital
  • Holy Cross Health
  • Hollywood Birth Center

Our experience representing clients against these hospitals and birthing centers can significantly affect your case’s outcome. Some of these facilities are among Florida’s most expansive and powerful health care entities, but that doesn’t stop us from pursuing fair compensation. Our Fort Lauderdale birth injury attorneys are passionate and aggressive and employ all resources available to achieve meaningful results for our deserving clients.

Who Can Be Held Liable for Birth Injuries in Fort Lauderdale, FL?

Any medical professional who cares for a mother or her baby during or immediately after labor and delivery could potentially be liable if their negligence contributed to a birth injury. The most common types of Fort Lauderdale health care providers held liable for birth injuries include obstetricians, midwives, nurses, and anesthesiologists. 

Companies or entities, rather than individuals, may also be liable for birth injuries. These potential defendants may include hospitals or birth centers in cases involving negligent policies or hiring practices. Medical equipment manufacturers or pharmaceutical companies that manufactured a defective product that caused a birth injury can also be held liable for their conduct.

How Much Money Can You Recover From a Birth Injury Lawsuit in Fort Lauderdale?

The amount of money you can potentially recover from a Fort Lauderdale birth injury lawsuit depends on several factors unique to your situation. However, settlements and verdicts in these cases tend to be very high due to the young age of the victims and the often permanent effects on their quality of life. At Freedland Harwin Valori Gander, we’ve recovered tens of millions of dollars in compensation for numerous birth injury victims and their loved ones.

How Birth Injury Settlements Are Determined

Birth injury settlements aim to fairly compensate the injured party for their past and future losses from the injury. Determining the value of a birth injury case involves multiple factors, most notably the injury’s severity. More catastrophic injuries typically result in larger settlements due to higher medical costs, more extensive long-term care needs, greater effects on the victim’s future earning capacity, and greater pain and suffering.

Types of Damages Considered in Birth Injury Cases

If you have a birth injury case, you could potentially receive compensation that includes the following types of damages:

  • Medical expenses: This includes all current and future medical costs related to the birth injury, including hospitalization, surgeries, medications, doctor visits, and other medical treatments necessary for the injured child or mother.
  • Long-term care: Birth injury victims may need ongoing care and support, including physical therapy, occupational therapy, speech therapy, in-home nursing care, and assistive devices, all of which could be compensable in a birth injury lawsuit.
  • Lost income: When a birth injury affects the parent’s or child’s ability to work and earn income, damages may include compensation for lost wages due to the initial injury and any diminished potential future earning capacity arising from the injury’s long-term effects.
  • Pain and suffering: Pain and suffering damages are meant to address the injury’s intangible aspects that are difficult to quantify. These damages can include physical pain, emotional distress, and reduced quality of life.

Contact Our Fort Lauderdale Birth Injury Lawyers for a Free Case Evaluation

A birth injury’s aftermath can feel incredibly isolating. Fortunately, you don’t have to go through this challenging time alone because Freedland Harwin Valori Gander is here for you and your family. Our team can answer your questions, inform you of your options, and help you navigate your next steps. 

We are ready to put our 20+ years of experience to work for you. Call or fill out our form online for a free consultation with a Fort Lauderdale birth injury attorney anytime, anywhere.

contact us pic

free consultation anytime, anywhere.