Birth Injury Lawyer in Hialeah
Birth Injury Lawyer in Hialeah
July 15, 2020 admin

Birth Injury Lawyer in Hialeah

Hialeah Birth Injury Lawyer Discusses Birth Injuries

The birth of a child is an incredibly special experience for a family, unlike any other. An expecting family calls on a medical team such as an OB-GYN, primary care physician, and nurses to properly and safely deliver their baby. This team assists the family in navigating the complex process of labor and delivery. Our Hialeah birth injury lawyer knows the unfortunate truth that sometimes birth injuries do occur due to medical malpractice. Birth injury medical malpractice can occur before, during, or after the delivery of the infant. Regardless of when this medical malpractice transpires, these injuries could potentially be life-changing and each family deserves help and care for their newborn.

What Birth Injuries Will a Birth Injury Lawyer Review for My Family?

Our Hialeah birth injury lawyer recognizes that newborns are susceptible to many different types of birth injuries if they have been subjected to improper medical care. Of these many injuries, lack of oxygen to the baby is one of the top causes of problems. This is called birth asphyxia and it can lead to hypoxia, or insufficient oxygen supply, which can damage a newborn. A complete lack of oxygen is known as anoxia and can cause severe anoxic damages to a newborn. The following conditions, all of which should be reviewed by an experienced Hialeah birth injury lawyer, may begin through these various lack of oxygen-related causes. 

Hypoxic Ischemic Encephalopathy (HIE)

One of the more devastating birth injuries seen in newborns is hypoxic ischemic encephalopathy, which is also known as HIE. HIE causes a decrease of oxygenated blood flow which causes brain damage in the infant. HIE can then lead to cerebral palsy, developmental delays, seizure disorders, and wrongful death. All of these conditions cause unnecessary hardship to the child’s family. If your newborn experiences any of these conditions or symptoms, contact a Hialeah lawyer, who will review your case for FREE to determine whether HIE was caused by preventable medical errors.

HIE is caused by the following common factors:

  • Umbilical cord complications including ruptures, prolapse, and excessive contractions, all of which restrict oxygen flow to the baby
  • Improper or overuse of vacuum extraction tool on the infant’s head
  • Overdose of Pitocin, a drug used to induce labor but sometimes improperly monitored or excessively used
  • Failing to clear an infant’s airway after delivery
  • Unnecessary delays in starting neonatal resuscitation when a newborn has demonstrated breathing difficulty
  • Dangerous fetal heart rate fluctuations that are not corrected in a timely manner
  • Placenta abruptions, which are when the placenta separates from the uterine wall
  • Newborn bleeding or trauma which is not quickly treated
  • Many other careless errors, many of which could lead to a medical malpractice lawsuit and should be reviewed by our lawyer

An experienced Hialeah birth injury lawyer should be contacted in any situation when your child has suffered due to a decrease or stop in their oxygen supply. Ask our lawyer how he can help protect your child’s claims to compensation under Florida law.

Cerebral Palsy (CP) – Types and Causes

Cerebral palsy (CP) is a permanent and extremely disabling newborn injury. It is irreversible and those with CP will need to undergo many therapies and healthcare appointments throughout their lives. This translates into cerebral palsy being one of the most expensive conditions which the CDC estimated will be over $1 million for basic costs over the lifetime of a child diagnosed with CP [1]. CP is caused by lesions on the brain that form due to damage to the brain as it develops. CP can be related to HIE or caused by HIE. 

Every case of cerebral palsy should be reviewed by a birth injury lawyer, regardless of cause told to families. This is because many medical providers know how devastating cerebral palsy can be and that it can affect their license if their medical errors caused CP. Thus, far too many medical providers are filling to hide their errors rather than tell families what really happened. This can delay necessary treatment and intervention which could magnify the debilitating effects of CP.

There are four types of cerebral palsy:

  • Spastic Cerebral Palsy – Spastic CP, the most common CP, causes increased muscle tone and tightness, which is called hypertonia. Those with spastic CP have a restricted range of motion, having an effect on their gait and reflexes. Joints and muscle groups are very rigid which is why spastic CP results in decreased movement and range of motion
  • Dyskinetic Cerebral Palsy – Those who have dyskinetic CP have movements that are involuntary and uncontrollable. These movements can be twisting and curling or erratic. They can be coupled with either hypertonia – increased muscle tone – or hypotonia – flaccid muscle tone. This mix of spastic CP symptoms causes great difficulties with walking, talking, and basic functions such as laying down or sitting down. The different subtypes of this type of CP are caused by where the damage on the brain is located
  • Ataxic Cerebral Palsy – Ataxic CP is characterized by difficulties with coordination and balance. This type of CP causes difficulties with gross motor movements, such as walking and sitting. Fine motor skills are also affected, becoming complicated or even impossible, depending on the individual
  • Mixed Cerebral Palsy – It is also possible for a person to experience multiple types of CP. This has to do with the damage to the brain as it develops and how it develops. Those with mixed CP will have various shifting needs and therefore may require continuous healthcare and assistance. Mixed CP can be very difficult to effectively treat because patients have so many varying symptoms

A Hialeah birth injury lawyer should be contacted for cases involving any of these types of cerebral palsy. Even if a doctor or healthcare provider tells you that your child’s CP was caused by avoidable consequences or genetics, that could be a lie to deflect liability. Always ensure that your newborn’s rights are protected by having an investigation conducted.


Jaundice in newborns is a very common occurrence. This is because when they are born, the livers and kidneys are tasked with working on their own for the first time. In most cases, this minor jaundice resolves on its own in anywhere from a few hours to a few days. If jaundice lasts longer, a condition known as kernicterus could develop. This is potentially dangerous and life-threatening.

Kernicterus is when bilirubin in the blood system reaches excessive levels and it cannot be filtered quickly enough by the baby’s kidneys or liver. These high levels can poison the body and the brain. Because the brain is constantly in the crucial stages of development as an infant, this poisoning causes irreversible brain damage. This brain damage can result in conditions such as HIE or cause CP.  

The symptoms of kernicterus are obvious in the unrelenting yellowing eyes and skin, so any healthcare professional should recognize this and work to prevent the condition. Because of the preventable nature of kernicterus, a newborn injury lawyer should be consulted in each instance since it is not normal for jaundice to continue for such a prolonged period.

Brachial Plexus Injuries

The brachial plexus nerves are a complex system of nerves in every person. These nerves extend out from your spinal cord in your neck and then extends down through the shoulders, arms, and all the way to your fingertips. These nerves control all motor movement, sensation and function in the arms, hands, and fingers. 

Though the brachial plexus nerves are characteristically strong, stretching and tearing may still occur. In a situation known as dystocia, an infant’s shoulder can become trapped in the birth canal and a healthcare provider may apply excessive force by pulling or yanking the arm or neck, the nerves can be pulled out of the spinal cord. This can cause permanent damage to the brachial plexus nerves, which could have been avoided with other methods or proper care during the birth process. Brachial plexus injuries can be avoided through proper care and by monitoring the proper way to deliver each and every child, including making the choice to have a C-section. Because of this, each case should be reviewed by a Hialeah birth injury lawyer. 

How Do Birth Injuries Occur?

Causes of birth injuries generally fall into two categories. The first category of causes is due to the direct actions of the doctors and nurses involved in the process. An example is the improper pulling of an infant out of the birth canal during situations involving shoulder dystocia. The second category has to do with the inactions of the healthcare provider, such as failing to diagnose Kernicterus even when symptoms are present.

The common causes of birth injuries that a newborn injury lawyer will review include the following:

  • Birthing process trauma
  • Mishandling of a newborn
  • Delays in conducting an emergency C-section 
  • Poor pre-labor evaluations or screening 
  • Improper fetal monitoring
  • Improper use of tools for extraction
  • Failing to monitor and protect the baby’s oxygen supply
  • Failure to diagnose pregnancy-related conditions such as preeclampsia and eclampsia
  • Failure to identify and/or react timely to fetal distress, including the presence of meconium 
  • Inexperienced staff or negligent hires
  • Any other reckless, careless, or negligent causes that result in damage to a baby, which should all be reviewed by a personal injury lawyer

Recoverable Compensation for Florida Birth Injuries

No family expects the delivery of their child to be marred by preventable newborn injuries. In these cases, a lawyer must represent you and your family. You may be able to claim such damages as pain and suffering endured by the child; therapies such as physical, speech, vocational, and occupational; and a cost of living expense, which is higher than the cost of a child without birth injuries. No family ever anticipates any of these additional costs and cares when their child is born. 

An experienced Hialeah birth injury lawyer should always be contacted in the event of healthcare provider negligence. The compensation you may earn from damages to your child can help to provide you and your child with the proper care and financial support. You may be able to provide better medical care and life assistance through this financial support, ensuring that your child will live their life as best and comfortably as they can.

Ask our Hialeah Birth Injury Lawyer for Help if Your Loved One is Affected by Birth Injuries

Injuries to newborns are tragic and often preventable types of injury that should not occur with proper care and treatment. A Hialeah birth injury lawyer from Schlacter Law will fight back for you because our lawyer understands the intricacies of birth injury medical malpractice. Victims and their families will also want a compassionate lawyer who will take appropriate action against the doctors and other negligent healthcare providers who caused the damages. Ask for a FREE case evaluation by calling (305) 999-1111 or by visiting our website to fill out an easy-to-use form. This is your chance to ensure comfort for your loved ones, so do not delay.

How We Handle Cases

  1. Investigation
    • Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
    • You will remain in constant contact with Schlacter Law about the progression of your case.
  2. Negotiation
    • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
    • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
  3. Litigation
    • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
    • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.


Frequently Asked Questions

How long do I have to file a birth injury lawsuit in Florida?

Generally, two years from the date of the medical malpractice causing the birth injury. This time period is known as the statute of limitations period. This is a time limit on how long an aggrieved person has to file a lawsuit. Failing to file a lawsuit within this time period could mean that victims are forever barred from pursuing their lawsuit. There may be tolls or extensions to filing a lawsuit. As a result, families should immediately contact a lawyer to protect their rights to compensation if they believe that a negligent healthcare provider caused their child’s injuries.

Are there tolls or extensions to filing a birth injury lawsuit in Florida?

Yes, a family who has a child who suffered a birth injury may have until their child’s eighth birthday to file a lawsuit. This lawsuit must have been for medical malpractice that was not reasonably discovered within the original two years. This toll or extension is known as “Tony’s Law” which protects families and infants who have suffered a birth injury that is not initially discoverable. While this time extension may help a family, the best practice is to not rely on this extension unless you really have to. Always hire a lawyer to review your claim and assess whether you have a lawsuit for a serious birth injury and when you must file.

Are there medical malpractice caps on compensation in Florida?

Not any more. The Florida Supreme Court ruled that the statutory caps on damages for medical malpractice were unconstitutional in 2017 [2]. This means that victims of catastrophic and egregious birth injuries may be entitled to recover the full compensation they deserve in a medical malpractice case. Ask our Hialeah lawyer what you may be entitled to under Florida law for your loved one’s birth injuries.

How much does a birth injury lawyer cost?

Here at Schlacter Law, we understand that families who have had a baby diagnosed with a birth injury may feel physically, emotionally, and financially distressed. This is why we do not charge any money upfront for us to start protecting your family’s rights. We pay upfront costs for medical records, experts, and court costs which will only be reimbursed once we collect compensation for you. Once we collect a settlement or court award, we get a percentage of that amount. This means that your family can keep money in their pocket to pay for medical bills and lost time from work to care for your newborn, while we fight back at insurance companies protecting the dangerous doctors who harmed your loved one.