Compassionate Birth Injury Law Firm in Florida
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 24, 2026
The birth of a child should be one of life’s most joyful moments. Families trust doctors, nurses, hospitals, and healthcare providers to carefully monitor both mother and baby throughout pregnancy, labor, and delivery. When preventable medical mistakes occur during this critical time, the consequences can be devastating, leaving children with lifelong disabilities and families facing overwhelming emotional and financial challenges.
At Freedland Harwin Valori Gander, we represent children and families throughout Florida who have suffered harm because of preventable birth injuries. Our attorneys understand the complex medical and legal issues involved in these cases and are committed to holding negligent healthcare providers accountable.
When a preventable mistake changes a child’s future, justice becomes personal.
Table of Contents
- Why Choose Our Birth Injury Lawyers?
- Why Should I Hire a Birth Injury Lawyer in Florida?
- How Much Money Can You Recover From a Birth Injury Lawsuit in Florida?
- Who Can Be Held Responsible for a Newborn Birth Injury in Florida?
- Statute of Limitations for Birth Injury Cases in Florida
- Common Types of Birth Injury in Florida
- Signs and Symptoms Your Child is Dealing With Birth Injuries
- Contact FHVG for a Free Birth Injury Case Evaluation
What Is a Birth Injury?
A birth injury is a physical injury or medical condition suffered by a baby before, during, or shortly after delivery as a result of complications or medical negligence.
Not every birth complication is the result of malpractice. Some injuries occur despite appropriate medical care.
However, healthcare providers may be liable when they fail to recognize risks, respond appropriately to complications, monitor fetal distress, or provide timely medical intervention.
Birth injuries can affect a child for the rest of their life, often requiring extensive medical treatment, therapy, educational support, and ongoing care.
Common Causes of Birth Injuries
Birth injuries frequently occur when healthcare providers fail to follow accepted standards of obstetrical care.
Common causes include:
Failure to Monitor Fetal Distress
Throughout labor, healthcare providers must monitor a baby’s condition for signs of distress.
Warning signs may include:
- Abnormal fetal heart rate patterns
- Oxygen deprivation
- Umbilical cord complications
- Reduced blood flow to the baby
Failure to recognize and respond to these signs can result in serious injuries.
Delayed Cesarean Section (C-Section)
When complications arise during labor, a prompt cesarean section may be necessary to protect the baby and mother.
Delays in performing an emergency C-section can result in:
- Brain injuries
- Oxygen deprivation
- Permanent neurological damage
- Wrongful death
Oxygen Deprivation (Hypoxia)
A lack of oxygen before or during delivery can cause severe and permanent injuries.
Potential causes include:
- Umbilical cord compression
- Placental problems
- Prolonged labor
- Failure to respond to fetal distress
Even a relatively short period of oxygen deprivation can have lifelong consequences.
Improper Use of Delivery Instruments
Forceps and vacuum extractors can assist with difficult deliveries when used properly.
However, improper use may cause:
- Skull fractures
- Brain bleeding
- Facial nerve injuries
- Shoulder injuries
- Permanent neurological damage
Failure to Recognize Maternal Complications
Healthcare providers must carefully monitor maternal health throughout labor and delivery.
Negligence may involve failure to recognize:
- Preeclampsia
- Gestational diabetes complications
- Uterine rupture
- Placental abruption
- Maternal infections
Maternal complications can place both mother and child at risk.
Common Types of Birth Injuries
Birth injuries range from mild to catastrophic.
Some of the most serious include:
Cerebral Palsy
Cerebral palsy is one of the most commonly cited conditions in birth injury litigation.
It may result from oxygen deprivation or trauma occurring during labor and delivery.
Children with cerebral palsy may experience:
- Muscle weakness
- Motor impairment
- Developmental delays
- Lifelong mobility challenges
Hypoxic-Ischemic Encephalopathy (HIE)
HIE is a brain injury caused by reduced oxygen and blood flow to the brain.
Potential consequences include:
- Cognitive impairment
- Seizures
- Developmental delays
- Permanent disability
Erb’s Palsy and Brachial Plexus Injuries
These injuries occur when nerves controlling the arm and shoulder are damaged during delivery.
Children may experience:
- Weakness
- Loss of movement
- Permanent functional limitations
Brain Injuries
Traumatic or oxygen-related brain injuries can cause lifelong challenges affecting learning, communication, mobility, and independence.
Fractures and Physical Trauma
Difficult deliveries may result in:
- Clavicle fractures
- Skull fractures
- Nerve damage
- Soft tissue injuries
Some injuries heal fully, while others create lasting complications.
Testimonials
We pride ourselves on maintaining a high level of communication with every client. We are dedicated to using the court system to give you a sense of justice. The glowing testimonials our past clients regularly send us show that our compassion and fierce devotion to each of them shines through:
It’s hard to put into words how much I truly appreciate and admire this firm. The level of detail, the punctual communication, the friendliness of their staff and finally the tenacity in their willingness to believe in you and fight for you is bar none. If you should ever need a firm….this is the one to pick!
– Elizabeth S., Google
FHVG handled my medical malpractice case. They were kind, compassionate, always answered questions, concerned, & did the very best for all involved. I couldn’t have had attorneys with more expertise than them! I am grateful for all they did throughout the entire process. I would encourage anyone needing attorneys for these types of claims to contact Freedland, Harwin, Valori, and Gander because you will be very glad you did! They are truly the best!
– Rhonda L., Google
My family was really nervous going into this process, but Daniel Harwin made us feel at ease, in addition to the superb results that exceeded expectations. He held hands every step of the way, as his communication and care was top-notch. We can’t imagine anyone spending more time and energy on their clients.
– Gregg G., Google
free consultation anytime, anywhere.
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999 Ponce De Leon Blvd
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Coral Gables, FL 33134
What You Need to Know About Birth Injury Claims
Birth injury cases are among the most complex forms of medical malpractice litigation.
To establish a claim, it generally must be shown that:
- A healthcare provider owed a duty of care.
- The provider failed to meet accepted medical standards.
- The negligence caused or contributed to the injury.
- The child or family suffered damages as a result.
These cases often require extensive review by:
- Obstetric experts
- Neonatologists
- Pediatric neurologists
- Maternal-fetal medicine specialists
- Life care planning experts
Birth injury claims frequently involve significant future medical and financial considerations.
If your child suffered a preventable birth injury, contact FHV Legal today for a free consultation.
Ray Valori and his colleagues helped us through a very difficult time immediately following the death of a young family member. They expediently and cost-effectively secured for us the maximum compensatory damages available from the insurance companies involved. And they did so with the highest degree of professionalism and compassion.
-Atul J., Google
What Medical Experts Are Utilized in a Birth Injury Case?
Will I Have to Go to Court for a Birth Injury Lawsuit?
Real-World Example of Birth Injury Medical Malpractice
Consider a mother admitted to a Florida hospital for labor and delivery.
During labor, fetal monitoring reveals signs of severe distress indicating the baby may not be receiving enough oxygen. Despite multiple warning signs, healthcare providers fail to perform an emergency C-section for several hours.
The baby is eventually delivered with significant oxygen deprivation and later diagnosed with cerebral palsy.
An investigation reveals that earlier intervention likely would have prevented the injury.
Cases like this demonstrate how delays and poor medical decisions can permanently affect a child’s future.
The Long-Term Impact of Birth Injuries
Birth injuries often affect entire families, not just the injured child.
Families may face:
- Lifelong medical treatment
- Physical therapy
- Occupational therapy
- Speech therapy
- Specialized education services
- Home modifications
- Assistive equipment
- Loss of household income
- Emotional hardship
The financial costs associated with severe birth injuries can be enormous.
Parents frequently become lifelong caregivers while managing ongoing medical needs and expenses.
How to Know When You Should Contact a Birth Injury Lawyer
You should consider speaking with an attorney if:
- Your child was diagnosed with cerebral palsy
- A doctor delayed performing a C-section
- Your child suffered oxygen deprivation during birth
- Delivery complications resulted in neurological injuries
- Forceps or vacuum extraction caused injuries
- Medical providers failed to respond to fetal distress
- Your child experiences developmental delays linked to birth complications
Early investigation can help preserve critical medical records and identify whether negligence contributed to the injury.
Your story matters—and we’re ready to fight for it in court.
How Freedland Harwin Valori Gander Investigates Birth Injury Cases
Birth injury litigation requires extensive medical analysis and expert review.
Our legal team investigates:
Prenatal Care Records
We review whether healthcare providers properly identified and managed pregnancy-related risks.
Labor and Delivery Records
We analyze:
- Fetal monitoring strips
- Nursing records
- Physician notes
- Delivery timelines
- Emergency response actions
Neonatal Care
We examine treatment provided immediately after birth and whether providers appropriately responded to complications.
Expert Medical Review
Independent specialists evaluate whether accepted standards of care were followed.
Life Care Planning
For children with permanent disabilities, we work with experts to assess future medical, educational, and support needs.
Damages Evaluation
We evaluate:
- Medical expenses
- Future care costs
- Therapy expenses
- Assistive technology
- Educational needs
- Lost earning capacity
- Pain and suffering
Who Can Be Held Responsible for a Newborn Birth Injury in Florida?
Multiple parties can be responsible for your baby’s injuries, including providers and facilities. We have successfully prosecuted birth injury cases against the following health care providers in Florida:
- OBGYNs
- Pediatricians
- Midwives
- Nurse practitioners
- Pathologists
- Hospitals
- Birthing centers
Our skilled birth injury lawyers in Florida will thoroughly analyze the actions of every health care provider involved in your prenatal care, labor, and delivery so we can identify every liable party and every avenue of compensation available to you.
Why Birth Injury Cases Matter for Your Child's Future
A preventable birth injury can affect every stage of a child’s life.
Children may require:
- Ongoing medical care
- Specialized therapies
- Adaptive equipment
- Educational support
- Long-term assistance with daily activities
Holding negligent healthcare providers accountable can help families secure the resources necessary to provide the highest possible quality of life.
Birth injury claims are not simply about compensation—they are often about ensuring a child’s future needs can be met.
We’ve taken on Florida’s largest hospitals—let us fight for your family.
Compensation Available in Birth Injury Cases
Depending on the circumstances, compensation may include:
- Past medical expenses
- Future medical treatment
- Therapy and rehabilitation costs
- Specialized education expenses
- Assistive devices
- Home modifications
- Lost earning capacity
- Pain and suffering
- Long-term care expenses
Severe birth injury cases often involve substantial future care needs extending throughout a child’s lifetime.
What Are Some Common Causes of Birth Injuries?
What Is The Difference Between Birth Injuries And Birth Defects?
Can I Sue If My Baby Was Injured From a Mismanaged Placental Abruption?
When Is a Birth Injury Considered Medical Malpractice?
Signs and Symptoms Your Child is Dealing With Birth Injuries
The signs and symptoms of a birth injury in a newborn vary based on the injury sustained. Some birth injuries are relatively mild and may not require treatment. For example, facial paralysis commonly occurs as a result of forceps delivery, but this condition typically clears up on its own within two to three months without treatment. You may notice your baby’s face fails to move on both sides equally during crying.
Some symptoms could point to injuries with lasting effects. It is not always possible to determine whether a birth injury will be permanent, but if you see any of the following signs and symptoms in the moments, days, or weeks following birth, your baby may have suffered a serious birth injury:
| Symptom | What It Could Indicate |
| Abnormal positioning of the hand, arm, or shoulder, sometimes with a missing grasp reflex | Brachial plexus injury, such as Erb’s palsy or Klumpe’s palsy |
| Breathing problems | Phrenic nerve injury Hypoxic-ischemic encephalopathy (HIE) Intracranial hemorrhage |
| Weakness or lack of movement from a specific section of the body downward | Spinal cord injuries |
| Seizures | Intracranial hemorrhage HIE |
| Abnormal muscle tone | HIE |
Disabilities that May Be Undiagnosed Birth Injuries
Some birth injuries only become apparent months or years after birth. This is especially true of brain injuries. If your child has cerebral palsy, intellectual or developmental delays, or learning disabilities, a birth injury may have caused it.
Our knowledgeable birth injury attorneys in Florida can review your child’s medical records, including the pregnancy and birth history, to determine whether medical malpractice played a role.
Contact FHVG for a Free Birth Injury Case Evaluation
Our experienced lawyers at Freedland Harwin Valori Gander, PL, can explain your legal options, provide skilled representation, and help you protect your child’s rights.
Our Florida birth injury lawyers have the knowledge to help you determine whether you have a case and navigate the NICA process. In almost every case, the best advice is to seek a professional consult on a birth injury claim as soon as you suspect a birth injury. Contact Freedland Harwin Valori Gander today. All of our consultations are free—anytime, anywhere.
Frequently Asked Questions About Birth Injury Cases
How do I know if my child's injury was caused by negligence?
An attorney can review medical records and consult experts to determine whether healthcare providers failed to meet accepted standards of care.
What damages may be available in a birth injury lawsuit?
Compensation may include medical expenses, future care costs, therapy expenses, specialized education needs, pain and suffering, and other damages.
Can hospitals be liable for birth injuries?
Yes. Hospitals may be responsible when employees, policies, communication failures, or systemic issues contribute to preventable injuries.
What evidence is important in a birth injury case?
Evidence often includes fetal monitoring strips, labor and delivery records, neonatal records, expert testimony, and life care planning assessments.
free consultation anytime, anywhere.
ALL FIELDS REQUIRED
CASE RESULTS
TESTIMONIALS
999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134
