Florida Birth Injury Attorney

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We know that having a child who has suffered a birth injury can not only be heartbreaking, but it can completely change your entire family's life permanently. It is important that you and your family is able to cope financially, emotionally, and physically. We encourage you to speak with our team about pursuing a claim.

Why choose our birth injury lawyer?

  • No recovery, no fee!
  • 25 years' experience and counting
  • Tens of millions of dollars recovered
  • Top-rated (AV® rated) legal skill and ethics

Call today or request your free consultation online.

Trusted Counsel for 25 Years

Giving birth is one of the most beautiful and exhilarating experiences a woman can go through in life. When you choose to go to a hospital to give birth, you expect that the doctor, nurses, and any staff involved will be responsible and operate under a high standard of care. But accidents do happen.

A few of the most common birth injury cases we handle include:

  • Brain damage
  • Cerebral palsy
  • Brain swelling
  • Nerve damage
  • Skull fractures

If your baby has suffered injuries during labor or the course of your pregnancy, the results can be devastating. Our team at David C. Rash, P.A. can aggressively fight on your behalf and help you seek the compensation our family deserves. We truly care about seeing that justice is served and that the medical professionals who behaved negligently are held accountable.

What compensation am I owed?

You will likely be facing many years of medical expenses and a variety of other costs associated with these types of injuries. Infants who suffered birth injuries usually require long-term care and treatment, which can be a huge burden for parents. You deserve to be compensated for all costs associated with your child's birth injuries. We can help you fight for compensation to cover lifetime medical bills, lost wages, pain and suffering, and special accommodations your child may need in the future.

Malpractice in Birth Injury Cases

Despite the technological and medical advances we have made collectively as a race over the course of hundreds and hundreds of years, birthing is still a fairly dangerous process. Even the best doctors in the world who always conduct themselves responsibly and safely may help a mother deliver an infant that is born with injuries. For this reason, you will need to prove not only that your newborn was hurt during or prior to birth, but also that a medical practitioner’s negligence was the direct cause.

Proving that malpractice played a part in your child’s birth injury is handled similarly to all other medical malpractice cases. You will need to locate and use as much physical evidence as possible to strengthen your claim. Consider using medical statements from the birth as well as records pertaining to the doctor’s and medical team’s history of mistakes. If someone was videotaping the birth, you may be able to find documented evidence of when the malpractice and injury took place.

Forms of medical malpractice that may be in your case include:

  • Twisting and pulling: An inexperienced, exhausted, or hasty doctor may mishandle a child during delivery, twisting and pulling it dangerous to make it exit the birth canal. Any sort of violent or aggressive motions can permanently injure an infant.
  • Mishandling equipment: In some births, medical equipment is used to assist the mother. Proper use of such equipment makes the process easier; improper use can cause serious harm to the mother and her child.
  • Failure to diagnose: More difficult to prove through evidence, failing to diagnose a problem with an unborn child’s health can cause them to be born with injuries or illnesses. Obstetricians must closely monitor a mother and her child up to the day of birth to avoid issues.
  • Dangerous medications: If a mother requires medication while she is pregnant or during childbirth, it must be carefully administered to avoid negatively affecting her child. Some birth injury cases involve lifelong disabilities caused by prescription medications that should have never been approved.

Liability Concerns for Your Case

Determining who is liable in your birth injury claim may be more complicated than it seems at first. While it could be obvious that a doctor’s mistakes has made them liable, it may only be partial liability. Other parties and entities may have had some responsibility for the error. If you want your claim to be successful, you will need to consider all of your options and bring the suit against the right party. You should trust in our Florida birth injury attorney to sort through the details.

People or parties that could be found liable, fully or partially, include:

  • Doctors: The simplest, most likely candidate for liability is also most often the correct one. A doctor who does not perform to the best of their abilities each and every time they assist in childbirth can be held accountable for any damage they cause the mother or her infant.
  • Nurses: Other medical professionals present during your child’s birth may be found most-liable for any resulting birth injuries. If a nurse hands the doctor the wrong tool or fails to monitor the mother for abnormalities, the result could be an injury.
  • Hospitals: An entire hospital may be vicariously liable for a birth injury if they failed to ensure that their employees are properly trained and use correct procedures to assist birthing. Failing to provide doctors with adequate facilities can also cause a hospital, which is technically a corporation, to be liable.
  • Pharmaceutical companies: In relation to dangerous medications given to pregnant mothers, pharmaceutical companies could be found liable for a birth injury if they have manufactured dangerous substances without adequately warning pharmacists.

You Only Pay Us If We Win

Because we know that many of our clients are already experiencing financial strains, we operate only on contingency fees. This means that we only accept payment at the very end, and only if we are able to secure a monetary recovery. Our services are risk-free.

Please call (954) 914-7116 to speak with our Miami medical malpractice attorney. Request your free consultation!

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