Pursuing Justice for Families Throughout South Florida
The birth of a child is meant to be a moment of joy and new beginnings. However, when a preventable medical mistake causes harm during pregnancy, labor, or delivery, it can turn into a lifetime of challenges for both the child and their family.
Birth injuries can result in serious, long-term complications that demand physical, emotional, and financial care.
At Raposo & Lukacs, we stand by families facing these difficult circumstances, offering compassionate guidance and aggressive advocacy throughout the legal process. We are here to pursue the justice and compensation you deserve. Our team has decades of experience with proven results in winning millions of dollars in damages for our clients.
When a birth injury occurs, it can have profound implications for families, both emotionally and financially. It’s essential to understand your rights and the legal avenues available to you. At Raposo & Lukacs, our dedicated Miami birth injury lawyers are here to guide you through this challenging process.
Birth injuries can result from various circumstances, including medical negligence or improper monitoring during labor and delivery. If you believe that your child’s injury was caused by the actions of a healthcare provider, it’s crucial to seek professional legal advice as soon as possible. Here’s what you need to know:
Types of Birth Injuries: Common conditions such as cerebral palsy, Erb's Palsy, and brain injuries can stem from improper medical care during delivery.
Establishing Negligence: Our attorneys will help you gather evidence, including medical records and expert testimonies, to establish that negligence occurred.
Assessing Damages: We will work with medical professionals to quantify the long-term costs of care, therapy, and rehabilitation your child may need.
Compensation: Families might be entitled to compensation for medical expenses, ongoing care, loss of potential earnings, and emotional suffering.
Fighting for your rights and securing the compensation you deserve can significantly impact your family’s future. Trust our experienced team to advocate on your behalf while you focus on what truly matters—your child’s health and recovery.
Common Types of Birth Injuries
Our firm represents Florida families in claims and lawsuits involving all forms of birth injuries and obstetrician-gynecologist (ob-gyn) malpractice, including the following:
Brachial Plexus Injuries: The brachial plexus is the network of nerves that controls movement and sensation in the shoulder, arm, and hand. Damage to these nerves can occur when excessive force or improper techniques are used during delivery, particularly in cases involving shoulder dystocia. This can result in weakness, loss of sensation, or even paralysis in the affected arm. The long-term impact on the child’s mobility and quality of life can be profound, making early intervention and ongoing care essential.
Cerebral Palsy: Often caused by oxygen deprivation during delivery, cerebral palsy can cause lifelong motor and developmental challenges. Children may face muscle stiffness, lack of coordination, and difficulties with speech or mobility.
Hypoxic Ischemic Encephalopathy (HIE): This condition results from insufficient oxygen reaching the brain during delivery and can lead to severe, permanent neurological damage.
Erb’s Palsy: This injury occurs when the brachial plexus nerves in the shoulder are damaged during delivery. It can lead to partial or total arm paralysis, affecting a child’s ability to perform basic tasks.
Fractures: The improper use of forceps or vacuum extractors during delivery may cause bone fractures, such as a broken clavicle or skull fracture.
Facial Nerve Damage: Pressure applied during delivery can cause temporary or permanent damage to the nerves controlling facial movement.
C-Section Injuries: These injuries often stem from surgical mistakes, delayed decisions to perform the procedure, or improper post-operative care. For mothers, these mistakes could lead to serious complications such as infections, excessive bleeding, or organ damage. For babies, improper handling or delayed delivery might cause conditions like breathing issues, brain injuries, or other preventable harm.
Infant Wrongful Death: This is a devastating outcome that no family should have to endure. Tragically, these losses are often the result of preventable medical errors such as failing to monitor signs of fetal distress, mismanaging complications, or improperly using delivery tools.
The emotional pain of losing a child is immeasurable, and the impact can ripple through every aspect of a family’s life. While no action can undo such a profound loss, seeking legal help can lead to accountability and hold negligent medical providers responsible.
Recoverable Damages in Florida Birth Injury Cases
A successful birth injury claim aims to compensate your family for the current and future impact of the injury.
Damages that can be recovered in Florida include:
Medical expenses. Covering costs for past, present, and future medical treatments, including surgeries, medications, and ongoing care.
Rehabilitation and therapy. Compensation for physical, occupational, and speech therapies to support the child’s development.
Specialized equipment. Funds for mobility aids, adaptive technologies, or home modifications.
Pain and suffering. Compensation for the emotional anguish and reduced quality of life caused by the injury.
Future care costs. Accounting for lifelong care, including special education, in-home nursing, or long-term residential care.
Lost earning capacity. Damages for the child’s reduced ability to earn a living in the future if the injury causes permanent disability.
Loss of enjoyment of life. This recognizes the emotional impact on the child and family due to the challenges and limitations imposed by the injury.
Florida families facing these profoundly difficult circumstances deserve justice—and experienced legal representation is vital in pursuing it.
Birth Injury FAQs
How do I know if my child’s injury was caused by medical malpractice?
It can be difficult to determine medical malpractice on your own. A birth injury claim typically requires showing that a healthcare provider failed to follow the accepted medical standard of care, and that this failure directly caused the injury. A qualified Miami birth injury attorney can help investigate medical records, consult experts, and evaluate whether malpractice occurred.
How long do I have to file a birth injury lawsuit in Florida?
Under Florida law, most medical malpractice claims must be filed within two years from when the injury was discovered or should have been discovered. However, there are exceptions, especially for minors. In some cases, you may have until your child’s eighth birthday to file. Consult a local Miami birth injury lawyer as soon as possible to protect your rights.
Can I file a lawsuit against a hospital in Miami?
Yes, if the hospital or its employees (such as nurses or staff physicians) were negligent, the hospital can be held liable. If the negligence was committed by an independent contractor, like a private OB-GYN, you may need to file against the doctor individually.
What is the difference between a birth injury and a birth defect?
A birth injury is usually caused by physical trauma or medical errors during labor or delivery. A birth defect is typically a genetic or developmental issue that arises during pregnancy and is not usually related to negligence. Birth injury claims focus on preventable harm caused during the birthing process.
Will filing a claim affect my child’s future medical care?
No. Filing a legal claim does not prevent you from accessing necessary medical care for your child. In fact, a successful claim can provide financial resources to ensure your child receives the best possible care and support for the long term.
What should I do if I suspect my child suffered a birth injury in a Miami hospital?
Act quickly. Start by:
Requesting all relevant medical records
Documenting your child’s symptoms and diagnoses
Consulting a Miami birth injury attorney to assess your case
Understanding Your Rights and Legal Options
When faced with the devastating impact of a birth injury, you might feel overwhelmed and unsure of where to turn. It's crucial to understand your rights as a parent and the legal options available to you. Our dedicated team at Raposo & Lukacs is committed to empowering families with the information they need to make informed decisions.
Here are some essential points to consider:
Establishing Liability: Our experienced legal team will assist you in determining if negligence played a role in your child's birth injury. This involves thorough investigations and consultations with medical experts.
Pursuing Compensation: Understanding the types of compensation available is vital. These can cover medical expenses, rehabilitation costs, and emotional suffering. We will work to ensure that you receive the full compensation you deserve.
Filing a Timely Claim: There are strict deadlines for filing birth injury claims in Florida. Our attorneys will guide you through every step to ensure that you meet all necessary deadlines and procedural requirements.
Support Throughout the Process: Navigating the legal system can be daunting. Our compassionate team will provide you with continual support and clear communication every step of the way. You are not alone in this journey.
Contact us today for a free consultation with a Miami birth injury attorney. Call (305) 575-2177 or reach us online.
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When the stakes are high, you need a legal team that won’t flinch. We are aggressive, strategic, and relentless in our pursuit of justice. Our track record speaks for itself—when we take on a case, we fight to win.
When Everything Is on the Line, We Deliver.
High-value cases demand precision, experience, and fearless representation. We take on the toughest legal battles, standing firm against powerful opponents to secure the best possible outcome for our clients.
Powerful Representation
We don’t handle minor claims—we focus on complex, high-stakes cases where the results matter most. Our firm is built on the principles of aggressive litigation, tactical strategy, and an unwavering commitment to winning.
Your Case. Your Future. Our Mission.
Your legal battle isn’t just another case to us—it’s your future, your financial security, and your peace of mind. We take a personal stake in every case we handle, fighting with determination to deliver the justice and compensation you deserve.
Why You Need a Birth Injury Attorney in Miami
Navigating a birth injury claim alone can feel overwhelming—especially when you are focused on your child’s recovery.
Our experienced medical malpractice team can:
Conduct a thorough investigation into the events leading to the injury.
Work with medical experts to build a strong and credible case for negligence.
Handle all communications and negotiations with the hospital’s or healthcare provider’s attorneys and insurers.
Represent your family’s best interests in court, if necessary, to fight for full and fair compensation.
With one of our attorneys by your side, you can focus on providing the care and support your child needs while Raposo & Lukacs works to hold negligent medical providers accountable.
Contact our Miami birth injury lawyers at (305) 575-2177 for a free consultation and take the first step towards justice.
