Birth
Defects

Miami Birth Defects Attorney

Representing Birth Defect Victims
and Their Families in Miami

Our birth defect lawyer team helps you receive compensation for medical negligence.  All expecting parents have one wish: that their child will be healthy. Unfortunately, many babies in the United States – approximately one out of every 33 – are born with birth defects, some of which are serious enough to cause significant harm, and prevent the child from leading a normal life. While there are many causes of birth defects, some of which are not preventable due to genetic factors, many birth defects are indeed preventable.

If your baby is born with a birth defect, or suffers a birth injury, our experienced Miami birth defect attorneys at the law offices of Dolan Dobrinksy Rosenblum, LLP will commit to investigating the cause of the birth defect, potential liability, and avenues for recovering compensation for the losses your family has suffered.

Infant Brain Injuries

Infants, like adults, can suffer brain injuries in any type of accident that involves a blunt force impact. While this can occur in car crashes or slip and fall accidents, brain injuries in infants are also often the result of trauma at the time of birth or medical negligence during delivery. While no amount of money could compensate a family for this kind of injury, seeking monetary damages from the at-fault party is one of the best ways to ensure that a child is provided for and that the negligent medical professional is held accountable for his or her actions. Filing this type of claim can, however, be complicated, so if your child sustained a brain injury at birth, it is important to speak with an experienced Florida birth injury lawyer who can walk you through your legal options. Our birth defect lawyer team will help gather all available information to help research liability in the case of infant brain injuries. 

Brain Injury Causes

Brain injuries have a number of different causes, but, when sustained during pregnancy or delivery, are usually the result of one of the following problems:

• A lack of oxygen at birth, which could occur if the umbilical cord becomes wrapped around the baby’s neck, the child gets stuck in the birth canal, or the baby presents in the breech position;
• The improper use of delivery tools, like forceps, which are used to extract a child from the birth canal, but can cause bleeding in the brain, skull fractures, and damage to the facial nerves;
• Delaying a cesarean section, which can cause fetal distress;
• Untreated infections in the mother, which increases the risk of brain damage and premature birth;
• Undiagnosed preeclampsia, or overly high blood pressure in the mother, which if left untreated, can result in seizures, brain damage, or death;
• Severe jaundice, caused by liver failure and when untreated, can cause cognitive disabilities; and
• Physical trauma, which can occur when prolonged pressure is placed on the skull, from medical instruments or a mother’s birth canal and can cause a fluid build-up and swelling in the brain.
• About 2% of pregnant women take an epilepsy drug while pregnant. It is well established that certain medications increase the risk of birth defects, especially when taken during the first trimester. Women often are prescribed the following, which all carry risks of certain defects and abnormalities: Valproate, Topiramate, and Phenobarbital.
• Antidepressants can contribute to birth defects. Since at least 2009, researchers have identified a link between the use of antidepressants early in pregnancy and heart defects. But a recent case-control study has linked use of certain antidepressants with a higher risk of other defects. It has also found that certain antidepressants can cause defects other than those involving the heart. Fluoxetine was found to double the risk of congenital hear defects.

In France, studies have linked the use of valproate to autism, learning difficulties, and congenital malformations in up to 40% of babies—a higher rate than we see in studies in the United States. Up to 30,000 babies have suffered a disability in France because their mothers took this drug.  The manufacturer was sued in court by children who are continuing to live with disabilities.

To learn more about the kinds of brain injuries that can be caused by medical negligence and how to hold the at-fault parties accountable, please call our office today.

Common Types of Birth Defects

Our attorneys are experienced in handling all types of birth defect and birth injury cases. A birth defect refers to a problem that occurs when the baby is developing in the womb, whereas a birth injury refers to an injury that occurs near birth, or during the birthing process after the fetus has fully developed. Some of the most common types of birth defects in Florida include:

• Down syndrome;
• Sickle cell disease;
• Cystic fibrosis;
• Clubfoot;
• Spina bifida;
• Cleft lip/cleft palate; and
• Heart defects.

Some of the most common types of birth injuries include:

• Brachial plexus injuries;
• Subconjunctival hemorrhage;
• Bruising;
• Cephalohematoma;
• Asphyxia/hypoxia; and
• Fractures.

Liability for Brain Injuries

While not all brain injuries can be prevented, many can be avoided if the medical professional in charge of the pregnancy or delivery uses the proper standard of care. A physician who is carefully monitoring a mother’s progress during delivery, for instance, should be able to recognize signs of fetal distress and take the proper steps. Illnesses in the mother, when diagnosed early enough, can also be treated in time to avoid permanent damage. A doctor’s failure to abide by these standards can have devastating consequences, including permanent brain injury for the child. Fortunately, it is possible to hold negligent medical professionals liable for their failure to provide adequate care.

Causes of Birth Defects & Proving Liability

Birth defects and birth injuries occur for many different reasons, although in some cases, they may both be the result of negligence. The U.S. Centers for Disease Control and Prevention (CDC) explains that birth defects can occur at any stage during the gestational process, but that most occur during the first three months of a fetus’ life. Things that may cause birth defects include genetics, environmental factors, and lifestyle choices. In some cases, medical negligence is the cause of a birth defect or a birth injury. For example:

1. A Healthcare Provider May Prescribe a Dangerous Medication

Not all medications are safe for pregnant women to take, and in some cases, medications that are used during pregnancy can even cause birth defects. When a healthcare provider fails to explain the dangers of certain medications to a pregnant woman, or prescribes a medication with known risks, they may be held liable if birth defects result.

2. A Healthcare Provider May Fail to Properly Monitor or Treat Mother and Baby

A healthcare provider has a duty to properly monitor and treat a pregnant mother during the course of her pregnancy, and must do so in accordance with the established medical standard of care. For example, if the mother has diabetes, the diabetes increases the risk of a birth defect if it is not monitored and properly treated during the course of the pregnancy.

3. A Medical Error is Made During the Birthing Process

Finally, a birth injury may result when a healthcare practitioner commits an act of medical negligence during the birthing process. For example, performing an unnecessary c-section, failing to monitor a fetus’ vital signs, or using excessive force to remove a baby from the birth canal can all result in injuries. If you believe that your baby’s birth defect or birth injury was the result of medical negligence (a breach of the medical standard of care), you have the right to hold the responsible party liable and seek damages for your losses.

When Does the Statue of Limitation Begin to Accrue?

Florida, like other states, gives injured victims a limited amount of time to sue for injuries suffered. This is true in medical malpractice cases involving children injured during labor and delivery. Florida’s statute of limitations states that a lawsuit must be brought within 2 years of the negligent treatment or within 2 years of the date the incident is discovered or should have been discovered.

A recent Florida appellate court discussed when a medical malpractice claim accrues so that the statute of limitations clock starts ticking.

The State of Florida appellate court decided that the clock for the statute of limitation did not start until the parents of a child had reason to suspect medical negligence was part of why their child’s development was delayed.

Injured Victims Deserve Full Compensation

When your baby is born with a birth defect or a birth injury, your first question is surely in regards to what their future will look like. While some birth injuries are life threatening – which is one of the most terrible things for parents to face – others are not serious enough to cause death, but are serious enough to forever prevent the child from caring for themselves, obtaining higher education or employment, getting married or having children of their own. Further, many birth injuries and birth defects cost thousands of dollars in medical expenses and at-home care costs.

Our South Florida birth defect attorneys have the skills and experience necessary to help you seek the full extent of the losses your family has suffered, and will suffer in the future. This includes:

• Hospital expenses;
• Future medical expenses related to your child’s care;
• Pain and suffering;
• Disfigurement and disability;
• Lost future wages; and
• Any other economic or noneconomic losses your family and child experiences.

Your birth defect lawyer will help you navigate all the aspects of your case.  We will examine all the data, craft a strong case, and help you move forward with dealing with insurance companies or any court dates.

We Make Sure that Seeking Legal Representation Is Affordable

Many parents of children with birth defects of birth injuries hesitate to seek legal counsel because of the costs associated with such services, especially when a family is already reeling from the financial toll of a child’s medical expenses. At the offices of Dolan Dobrinsky Rosenblum Bluestein, LLP, we believe in helping people, plain and simple. This means that we will never charge you upfront fees or hourly rates for our services; instead, we make sure that seeking legal representation is affordable by always operating on a contingency fee basis. If we don’t recover a compensation award on your behalf, you won’t owe us anything or our representation.

Contact Our Team Today

We care about you and your family. Our Miami birth injury lawyers have helped many parents and their children suffering from a birth defect or a birth injury understand their legal rights and seek compensation for their losses. While our office is based in Miami, we can travel throughout South Florida to meet with you and learn more about your case. For your free consultation, contact us online or by phone today.

We Have Trial Experience

One thing that sets our lawyers apart from others in the area is our trial experience. When your case cannot be settled out of court in mediations, you can take comfort in knowing that we have appeared in a court, before a judge, and before a jury multiple times, and know what we’re doing.