The birth of a child is usually a joyous and much-anticipated experience. You likely put a lot of thought into selecting your doctor and medical facility and creating a birth plan. On the big day, you trust your medical team to bring your baby safely into the world and respect your treatment wishes. If that trust was violated and your baby suffered a birth injury because of medical malpractice, you deserve justice.
A Kendall, FL, birth injury lawyer with Freidin Brown, P.A. can help recover compensation for your child’s current and future medical needs and seek damages to protect your family’s financial stability. We know what it takes to build a solid case proving medical negligence. Let us put our knowledge and skills to work for you.
Our Kendall Birth Injury Lawyers Will Fight for Your Family’s Financial Future and Peace of Mind
When doctors, nurses, health care providers, and medical facilities make mistakes, it can have devastating consequences. If you, your partner, or your baby suffered a medical malpractice injury during childbirth, you deserve financial compensation for your economic and non-economic losses. Our birth injury attorneys serving Kendall, FL, can pursue awards for the following:
- Medical treatment. The medical treatment your child will require depends on the severity of their birth injury. Some injuries, like cerebral palsy, may lead to a lifetime of interventions and care services. Our medical malpractice attorneys can use bills, receipts, and expert testimony to calculate current and future medical bills. Damages may include the cost of emergency treatment, surgeries, hospitalizations, medical devices and equipment, mobility aids, prescription drugs, in-home health care, and long-term nursing. We can also pursue medical bills for injuries the mother suffered during childbirth.
- Therapy and educational services. Your child may need physical, speech, or occupational therapy. They may also require educational assistance or special schooling. We will seek compensation to pay for these services.
- Home and vehicle modifications. You may need to change your home or vehicle to accommodate your child’s injury, such as including lifts or ramps. We can seek damages to pay for these renovations and improvements.
- Lost income. Your child’s birth injury may reduce their potential earning capacity or prevent them from ever entering the workforce. We can request awards for their lost future earnings. We can also pursue awards for your or your partner’s lost wages and employment benefits if you sustained an injury or your baby’s health problems require you to take time off or quit working to provide them care.
- Pain and suffering. We can pursue non-economic damages for physical and chronic pain, loss of mobility, scarring, disfigurement, reduced cognitive functioning, mental anguish, emotional distress, loss of enjoyment, and impaired quality of life. Pain and suffering damages in a birth injury medical malpractice case compensate children and parents.
- Wrongful death. If your baby or partner suffered a fatal childbirth injury, we can help you pursue wrongful death compensation. Damages may include medical expenses, funeral and burial costs, lost financial support, loss of your child or partner’s services, care, and companionship, and awards for your mental and emotional pain and suffering.
Do not let a negligent healthcare provider’s mistakes compromise your family’s financial stability. Let Freidin Brown, P.A. fight to secure the money you need to pay for your child’s medical care and other needs – now and in the future.
We Have Achieved Numerous Settlements and Verdicts Exceeding $1 Million
The Freidin Brown, P.A. team has over 100 years of combined legal experience that we will devote to resolving your birth injury claim. Our founding partner, Philip Freidin, is board certified in civil trials by the Florida Bar and has conducted more than 300 personal injury and medical malpractice trials.
We do what it takes to get the monetary damages our clients require for recovering from a traumatic birthing event, including preparing your case for court and representing you before a judge or jury when necessary. Our decades of knowledge and experience allow us to find personalized and creative solutions that yield real results.
Our law firm has won more than 20 settlements and verdicts in excess of $1 million, including the following medical malpractice awards:
- A $38 million verdict for the family of prematurely born twin boys who sadly went blind after a doctor failed to perform proper screenings and diagnose their condition
- A $15.5 million verdict for an auto accident victim who unfortunately became paralyzed due to the negligent misreading of an MRI scan, which led to a lack of spinal cord injury treatment
- A $12.7 million verdict for the family of a 5-year-old child who tragically suffered a brain injury caused by negligent medical care
- A $9.75 million settlement on behalf of a mother who suffered an ischemic stroke after undergoing a cesarean section (C-section)
- A $4.625 million verdict for the family of a baby blinded by retinopathy of prematurity (ROP) due to a hospital’s negligent premature discharge and lack of follow-up care
Because we never want the cost of a Kendall birth injury attorney to stand in the way of justice, we serve clients on a contingency fee basis. We only charge fees and costs once we obtain compensation for you. Call us today for a free and confidential consultation to learn more about how our Kendall birth injury lawyers can help you.
We Know How to Prove Your Child’s Birth Injury Resulted From Medical Malpractice
Complications can arise naturally during pregnancy and childbirth, and not every birth injury is due to medical negligence. However, mothers and babies sometimes sustain preventable harm due to medical errors.
To win your Kendall birth injury case, you must show that your child’s injuries resulted from a healthcare provider’s failure to uphold the professional standard of care. In other words, you must demonstrate that the treatment they administered was not appropriate or reasonable and that others in their profession would not have acted similarly.
Proving malpractice can be difficult and requires building a case based on medical and scientific evidence. This is something that takes a specialized skilled and experienced medical malpractice lawyer, not just any personal injury lawyer. Our Kendall birth injury lawyers know what it takes to build a solid case. We can do the following to verify your claim:
- Obtain and review your medical records
- Gather and analyze medical and scientific research
- Locate and interview eyewitnesses who can testify about the medical care you, your partner, or your baby received
- Investigate previous complaints or allegations made against the health care provider or medical facility in question
- Hire top doctors, nurses, and other medical experts from around the country
We want you and your family to focus on healing, not paperwork, deadlines, and insurance negotiations. Unlike larger “billboard” firms, we are selective about our caseload so we can provide every client with personalized attention and support. In addition to gathering evidence, we will manage case details, including the following:
- Preparing and filing birth injury medical malpractice insurance claims and related paperwork
- Communicating with insurance agents, opposing attorneys, and other involved parties
- Reviewing settlement offers, rejecting low settlement offers, and pursuing the maximum compensation
- Preparing a lawsuit and representing you in civil court
- Providing frequent and timely case updates, answering your questions, and addressing your concerns promptly
Victim of a Birth Injury? Let Us Help You Seek Justice in Kendall!
Childbirth Risk Factors and Common Birth Injuries
Doctors and medical providers can help keep mothers and babies safe by identifying and treating complications during pregnancy. Doctors must also correctly diagnose and address potentially harmful situations as they arise during childbirth and after. According to Stanford Children’s Hospital, risk factors for birth injuries include the following:
- Maternal obesity
- Cephalopelvic disproportion
- Birth weight (deliveries involving babies over 8 pounds can be more difficult)
- Premature birth
- Prolonged labor
- Abnormal birthing presentation (i.e., breech, shoulder first, or posterior presentation)
- Lack of blood or oxygen to the mother or fetus
- Use of vacuums or forceps during delivery
- Cesarean delivery
If you or your child suffered an injury due to medical negligence in the Kendall area, Freidin Brown, P.A. can help. Our medical malpractice lawyers can assist with cases involving the following birth injuries:
- Cerebral palsy
- Brachial palsy
- Erb’s palsy
- Cranial swelling or bruising
- Cranial bleeding
- Eye injuries
- Facial paralysis
- Bone fractures
- Brain injuries
- Spinal cord injuries
- Seizure
- Heart attack
- Stroke
Frequently Asked Questions (FAQs) About Florida Birth Injury Claims
We want to empower our clients with as much knowledge as possible. Here are answers to some common questions you may have about pursuing birth injury compensation in Florida:
What Is the Average Birth Injury Settlement?
There is no average birth injury settlement because monetary awards vary based on factors unique to each case. We will fight for the highest settlement or verdict possible for you and your family. Variables we will consider when estimating your damages include the following:
- The severity of your child’s injury
- Your child’s future medical and educational needs
- Whether you or your partner also suffered childbirth-related injuries
- How your birth injury case affects your ability to work
- Your current wages
- The extent of your child’s injuries on your family’s physical, mental, and emotional well-being
- The severity of the negligent act
What Is the Statute of Limitations for Filing a Birth Injury Lawsuit in Florida?
Florida Statutes § 95.11 (4)(c) allows two years from the date the birth injury was discovered (or should have been discovered with due diligence) to file a medical malpractice lawsuit, but no later than the child’s eighth birthday. If you do not pursue your case within the deadline, the court will likely refuse your suit, even if you have solid proof of medical negligence.
Will Your Kendall, FL, Birth Injury Case Go to Trial?
We will attempt to resolve your birth injury claim via a medical malpractice insurance settlement. However, we will take your case to trial to get the compensation you need.
If we take legal action, we must first serve the negligent medical provider with a notice of your intent to sue, which begins a mandatory pre-suit process that could last up to 90 days. During this time, the court will toll the statute of limitations. This process is complex and confusing, even for many lawyers. Therefore, it’s imperative that you contact a lawyer who specializes in medical negligence cases in order to fully preserve and protect your rights.
Call Freidin Brown, P.A. Today for Help With a Kendall, FL, Birth Injury Case
Contact Freidin Brown, P.A. for a free medical malpractice case consultation. Our Kendall birth injury lawyers will protect your rights and your family’s future. Fill out our online request form or call us today. Our services are completely confidential.