Birth Injuries

Miami Birth Injury Lawyer

Birth InjuriesBringing a child into this world is widely regarded as one of life’s most memorable and precious moments. When a child is born with a debilitating injury or disability—be it physical or neurological— the consequences are life altering and occasionally life threatening. While not all birth injuries are the result of a medical error or health care provider’s negligence, those that are often tend to be far more difficult for parents and family members to cope with. The Agency for Healthcare Research and Quality’s 2003 National Healthcare Quality Report found that for every 1,000 live births recorded in the United States during the year 2000, 6.68 birth trauma injuries were also reported.

Understanding More About Birth Injuries

A birth injury, also known as birth trauma, is an injury to the baby that occurs before the birthing process or during labor and delivery. Often birth injuries occur when the baby is in an abnormal position during labor or weighs more than average. The following types of birth injuries are not inclusive and are defined by MayoClinic and March of Dimes:

  • Cerebral Palsy: a disorder of movement, muscle tone or posture that is caused by injury or abnormal development in the immature brain, most often before birth.
  • Erb’s Palsy (a.k.a Brachial Plexus Palsy): an injury to the network of nerves that sends signals from your spine to your shoulder, arm and hand, known as the brachial plexus.
  • Traumatic brain injury (TBI): occurs when an external mechanical force causes brain dysfunction, usually resulting from a violent blow or jolt to the head or body.
  • Bleeding and/or swelling of the brain
  • Facial nerve damage
  • Bruising
  • Bones fractures (skulls; arms; elbows; shoulders; etc…)
  • Shoulder dystocia: refers to difficult labor caused by the baby’s shoulders getting stuck in the mother’s vagina during delivery. This often occurs when fetal macrosomia is present, which means that the newborn is significantly larger than average.

Some causes of birth trauma injuries include:

  • Negligence on the part of a doctor, nurse, or midwife during prenatal and/or postpartum care
  • Improper delivery technique
  • Attempting to perform the vaginal delivery of a baby with a high birth weight, as opposed to performing a Caesarean section (C-section)
  • Unnecessary C-section
  • Oxygen deprivation during the delivery process
  • Misuse of delivery instruments (i.e. forceps; vacuum extractors)
  • Exposure to harmful chemicals or contaminants during prenatal and postpartum stages

Symptoms of a birth injury include blood loss, shock, increased heart rate, perineum (vaginal) tear, placental retention and sepsis. Placental retention refers to all or part of the placenta or membrane being left behind in the uterus after childbirth. Sepsis is a life-threatening complication of an infection. If you or your infant has suffered a birth injury occurring before or after the actual birthing process and negligence on the part of a doctor, midwife or nurse, then you may be entitled to compensation for your injuries and damages.

Contacting A Medical Malpractice Lawyer

If you believe your child has a birth injury that may have been caused by the negligence of a hospital, doctor, nurse, midwife, or other party, contacting a knowledgeable birth injury lawyer is the first step toward obtaining both justice and the reparations you truly deserve.

Representing clients all throughout South Florida, the Miami medical negligence lawyers of Gerson & Schwartz have the knowledge necessary to bring a medical malpractice claim due to a birth injury and we also consult with experts who thoroughly review the medical complexities of your case.

With more than three decades of experience litigating all types of personal injury and wrongful death claims, including those relating to birth injuries, we strive to provide negligence victims with the exemplary legal representation so they may have a better chance at obtaining appropriate compensation. We provide free consultation to victims to discuss traumatic birth situations which have led to injury or death, so contact us today.

Miami Birth Injury Lawyer

Birth InjuriesBringing a child into this world is widely regarded as one of life’s most memorable and precious moments. When a child is born with a debilitating injury or disability—be it physical or neurological— the consequences are life altering and occasionally life threatening. While not all birth injuries are the result of a medical error or health care provider’s negligence, those that are often tend to be far more difficult for parents and family members to cope with. The Agency for Healthcare Research and Quality’s 2003 National Healthcare Quality Report found that for every 1,000 live births recorded in the United States during the year 2000, 6.68 birth trauma injuries were also reported.

Understanding More About Birth Injuries

A birth injury, also known as birth trauma, is an injury to the baby that occurs before the birthing process or during labor and delivery. Often birth injuries occur when the baby is in an abnormal position during labor or weighs more than average. The following types of birth injuries are not inclusive and are defined by MayoClinic and March of Dimes:

  • Cerebral Palsy: a disorder of movement, muscle tone or posture that is caused by injury or abnormal development in the immature brain, most often before birth.
  • Erb’s Palsy (a.k.a Brachial Plexus Palsy): an injury to the network of nerves that sends signals from your spine to your shoulder, arm and hand, known as the brachial plexus.
  • Traumatic brain injury (TBI): occurs when an external mechanical force causes brain dysfunction, usually resulting from a violent blow or jolt to the head or body.
  • Bleeding and/or swelling of the brain
  • Facial nerve damage
  • Bruising
  • Bones fractures (skulls; arms; elbows; shoulders; etc…)
  • Shoulder dystocia: refers to difficult labor caused by the baby’s shoulders getting stuck in the mother’s vagina during delivery. This often occurs when fetal macrosomia is present, which means that the newborn is significantly larger than average.

Some causes of birth trauma injuries include:

  • Negligence on the part of a doctor, nurse, or midwife during prenatal and/or postpartum care
  • Improper delivery technique
  • Attempting to perform the vaginal delivery of a baby with a high birth weight, as opposed to performing a Caesarean section (C-section)
  • Unnecessary C-section
  • Oxygen deprivation during the delivery process
  • Misuse of delivery instruments (i.e. forceps; vacuum extractors)
  • Exposure to harmful chemicals or contaminants during prenatal and postpartum stages

Symptoms of a birth injury include blood loss, shock, increased heart rate, perineum (vaginal) tear, placental retention and sepsis. Placental retention refers to all or part of the placenta or membrane being left behind in the uterus after childbirth. Sepsis is a life-threatening complication of an infection. If you or your infant has suffered a birth injury occurring before or after the actual birthing process and negligence on the part of a doctor, midwife or nurse, then you may be entitled to compensation for your injuries and damages.

Contacting A Medical Malpractice Lawyer

If you believe your child has a birth injury that may have been caused by the negligence of a hospital, doctor, nurse, midwife, or other party, contacting a knowledgeable birth injury lawyer is the first step toward obtaining both justice and the reparations you truly deserve.

Representing clients all throughout South Florida, the Miami medical negligence lawyers of Gerson & Schwartz have the knowledge necessary to bring a medical malpractice claim due to a birth injury and we also consult with experts who thoroughly review the medical complexities of your case.

With more than three decades of experience litigating all types of personal injury and wrongful death claims, including those relating to birth injuries, we strive to provide negligence victims with the exemplary legal representation so they may have a better chance at obtaining appropriate compensation. We provide free consultation to victims to discuss traumatic birth situations which have led to injury or death, so contact us today.

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Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks.
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Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read More » Jhlechia Ervin
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Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
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I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User
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