Compassionate Birth Trauma Law Firm in Florida
Freedland Harwin Valori Gander represents families throughout Florida whose children suffered birth trauma due to the negligence of doctors, nurses, midwives, or hospital systems. We understand the medical complexities of these cases, the emotional weight families carry, and what it takes to hold negligent providers accountable in a Florida courtroom.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 29, 2026
Common Types of Birth Trauma Caused by Medical Negligence
Not all birth injuries are the same. Some are immediately visible at delivery; others only become apparent months or years later as developmental delays emerge. The most common types of birth trauma our attorneys handle include:
- Brachial plexus injuries (Erb’s Palsy): damage to the network of nerves controlling arm and hand movement, often caused by excessive pulling or traction during delivery
- Hypoxic-Ischemic Encephalopathy (HIE): brain injury resulting from oxygen deprivation during labor, frequently linked to delayed C-section or failure to respond to fetal distress
- Cerebral palsy: a group of permanent movement and posture disorders caused by brain damage, often occurring around the time of birth
- Skull fractures: can occur from improper use of forceps or vacuum extractors during assisted delivery
- Intracranial hemorrhage: bleeding in or around the brain, sometimes caused by traumatic instrumental delivery or mismanaged shoulder dystocia
- Facial nerve damage: pressure from forceps or prolonged labor can injure the nerves controlling facial movement
- Spinal cord injuries: excessive traction or twisting during delivery can damage the spinal cord, potentially causing partial or full paralysis
- Clavicle fractures: broken collarbone is one of the more common birth injuries, often occurring during shoulder dystocia when improper maneuvers are used
What Medical Errors Lead to Birth Trauma?
Many birth trauma cases share a common thread: a medical team that failed to anticipate risk, respond to warning signs, or exercise appropriate judgment and skill. Specific errors that frequently give rise to birth trauma claims include:
- Improper use of forceps or vacuum extractors, including applying excessive force or using instruments when contraindicated
- Failure to perform a timely C-section when labor is prolonged, fetal distress is present, or the baby is too large for vaginal delivery
- Mismanagement of shoulder dystocia, a condition where the baby’s shoulder becomes stuck during delivery, a situation requiring immediate, skilled intervention
- Failure to monitor fetal heart rate and respond to signs of oxygen deprivation
- Improper administration of Pitocin (oxytocin), which can overstimulate contractions and deprive the baby of oxygen
- Failure to identify macrosomia (a large baby) and plan an appropriate delivery strategy
- Delayed or inadequate response to maternal complications, including hemorrhage, umbilical cord prolapse, or uterine rupture
Florida hospitals including those in the Baptist Health system, Cleveland Clinic Weston, and Memorial Regional Hospital have highly trained delivery teams but even at the best institutions, errors happen. When they do, families deserve to know the truth about what occurred.
We’ve taken on Florida’s largest hospitals, let us fight for you. Call FHV Legal today for a free case evaluation.
Proving a Birth Trauma Malpractice Case in Florida
To succeed in a birth trauma malpractice claim, your legal team must demonstrate that the healthcare provider’s conduct fell below the accepted standard of care and that this failure directly caused your child’s injury. This requires a thorough investigation, reviewing all delivery records, fetal monitoring strips, nursing notes, operative reports and the testimony of qualified medical experts.
Florida requires a pre-suit investigation before a malpractice claim can be filed. This includes obtaining a written opinion from a medical expert confirming that negligence occurred. Our team manages this entire process and only moves forward when we are confident in the strength of your case.
The defense in these cases is often aggressive. Hospitals and their insurers spend considerable resources arguing that a child’s injury was unavoidable or caused by factors unrelated to delivery room conduct. FHV Legal is built for this fight. Our attorneys have faced these defenses before and they know how to dismantle them.
Florida's Statute of Limitations for Birth Trauma Claims
Florida’s medical malpractice statute of limitations is generally two years from the date of the injury or discovery of the injury. For birth trauma cases involving minors, there may be exceptions that extend this deadline, but these provisions are subject to ongoing legal interpretation and recent legislative changes.
The safest course of action is to consult with an attorney as soon as possible. Waiting can mean the loss of critical evidence, fetal monitoring strips, delivery room records, and staff testimony are all easier to preserve early in the process. Don’t let time work against your family.
Why Families Choose Freedland Harwin Valori Gander
Birth trauma cases require a rare combination of medical sophistication and legal skill. At Freedland Harwin Valori Gander, our attorneys understand both. We’ve spent decades in the complex world of Florida medical malpractice, and we know what it takes to go up against the defense teams that hospitals and insurers deploy.
We handle cases throughout Florida, from the Miami metro area and Coral Gables to Fort Lauderdale, Weston, and Boca Raton. We litigate in Miami-Dade Circuit Court, Broward County Courthouse, and Palm Beach County Courthouse. Every case we take is prepared as if it will be decided by a jury because that standard of preparation is what produces real results for families.
There are no upfront costs. We work on contingency, meaning we only get paid if you do. Your initial consultation is completely free.
Frequently Asked Questions About Birth Trauma
How do I know if my child's birth injury was caused by medical negligence?
The honest answer is that you may not know without a professional review of your records. Signs that warrant investigation include: your baby needed resuscitation at birth, your child received a diagnosis of HIE, cerebral palsy, or Erb’s Palsy shortly after delivery, you were told an emergency C-section was needed but it was delayed, or the delivery involved forceps or vacuum extraction that seemed rushed or forceful. FHV Legal can evaluate your case at no cost to you.
What is Erb's Palsy and is it caused by medical negligence?
Erb’s Palsy is a form of brachial plexus injury that causes weakness or paralysis in the arm. It often results from excessive lateral traction on the baby’s head and neck during delivery, a maneuver that is avoidable with proper technique. While not all brachial plexus injuries are the result of negligence, many are, and an expert review of the delivery records can often reveal whether the injury could have been prevented.
Can I file a birth trauma claim if my child's diagnosis came years after delivery?
Possibly. Florida’s discovery rule allows the statute of limitations to begin running from when you knew or reasonably should have known that negligence caused the injury, not necessarily from the date of birth. However, these timelines are complicated and depend heavily on the specific facts of your case. Speak with an attorney before assuming it’s too late.
What is the NICA program and does it affect my birth trauma claim?
Florida’s Birth-Related Neurological Injury Compensation Association (NICA) is a no-fault compensation program that covers certain neurological birth injuries. If NICA applies to your child’s case, it may limit or replace a civil malpractice lawsuit. However, NICA does not cover all birth injuries, and many families are surprised to learn their case falls outside NICA’s scope. Our attorneys can evaluate whether NICA applies and advise you on the best path forward.
Does FHV Legal handle birth trauma cases outside of Miami and Fort Lauderdale?
Yes. Freedland Harwin Valori Gander handles birth trauma and medical malpractice cases throughout the state of Florida. While our offices are based in Fort Lauderdale and Coral Gables, we represent families from Weston, Boca Raton, Pembroke Pines, Kendall, West Palm Beach, Orlando, and beyond. Florida medical malpractice law is the same statewide, and our attorneys are equipped to litigate wherever your case needs to go.
999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134
free consultation anytime, anywhere.
ALL FIELDS REQUIRED
- ANESTHESIA & PACU ERRORS
- BIRTH TRAUMA
- EMERGENCY ROOM MISTAKES
- FAILURE TO DIAGNOSE OR MISDIAGNOSIS – CANCER
- FAILURE OR DELAY IN DIAGNOSIS OF SEPSIS
- FAILURE TO DIAGNOSE AND TREAT GESTATIONAL DIABETES
- FAILURE TO DIAGNOSE BREAST CANCER
- FAILURE TO DIAGNOSE HEART ATTACK
- FAILURE TO DIAGNOSE OR TREAT AORTIC DISSECTION
- FAILURE TO DIAGNOSE PNEUMONIA
- FAILURE TO DIAGNOSE PULMONARY EMBOLISM
- FAILURE TO TREAT STROKE
- HOSPITAL MALPRACTICE
- INTRAVENOUS INFILTRATION
- MEDICATION ERRORS
- MEDICATION OVERDOSE
- MISDIAGNOSIS
- NEGLIGENT FETAL MONITORING
- OB/GYN ERRORS
- PLASTIC SURGERY ERRORS
- PREOPERATIVE CLEARANCE ERROR
- RADIOLOGY ERRORS
- SPINE SURGERY MISTAKES
- STILLBIRTH & MISCARRIAGE MALPRACTICE
- SURGERY CENTER ERRORS
- SURGICAL ERRORS
- TYPES OF MEDICAL MALPRACTICE LAWSUITS
CASE RESULTS
TESTIMONIALS
