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Miami Birth
Injury Attorney


Obtained Over $1 Billion in Settlements & Trial Verdicts

Birth Injury Lawsuits

Medical malpractice can be difficult to spot, even when you are the victim. When it comes to birth injuries, victims and their families may have trouble getting the information they need to make important decisions. At Dolan Dobrinsky Rosenblum Bluestein, LLP, in Miami, we work to educate our clients and the public on issues of personal injury and medical malpractice. We are also able to research to help determine whether or not medical malpractice led to your loved one’s birth injuries. If you have questions about a birth injury, read on or call us at (305) 371-2692 to schedule a free case evaluation.

Infant Bruising During Childbirth

Childbirth can be a physically and emotionally grueling process. Unfortunately, this means that a mother and/or her child may not escape the ordeal unscathed. For instance, excessive bleeding, perinatal asphyxia, and abnormal heartbeat are only a few of the complications from which a laboring mother and her child could suffer. Extreme bruising could also be indicative not only of a serious health problem, but also negligence on the part of the attending physician, midwife, or nurse. These individuals can and should be held liable for causing preventable injuries, so if your own child was injured during childbirth, it is important to speak with an experienced Miami birth injury lawyer about your legal options. 

Size and Weight of the Baby

Bruising during childbirth could be the result of a number of different things. However, a baby’s size or position during labor and delivery is one of the most important factors in determining the likelihood that a child will sustain bruising during labor. Large babies (over 8 lbs 13 oz), for instance, face extended pressure when traveling through the birth canal, which can in turn lead to bruising on the head and face. Babies born before 37 weeks (prematurely), on the other hand, are generally more fragile and so are also more likely to suffer bruising due to the trauma of passing through the birth canal. 

Difficulty of Labor

Difficult labor can also cause infant bruising. Contact with the mother’s pelvis, for instance, which can occur when a baby is positioned in the birth canal for a significant amount of time, can make labor more difficult and cause bruising on the child’s head and face. 

Use of Forceps or Vacuum Extraction

The use of certain medical tools during delivery can leave temporary bruises on a child’s face and head.  Forceps, for instance, which are a type of tool shaped like a pair of large tongs that are used to guide a baby’s head out of the birth canal, can cause bruising to the face and head if used improperly. 

Similarly, babies delivered via vacuum extraction may also suffer some bruising to the scalp. This process involves the use of a soft or rigid cup (equipped with a handle and pump), which is placed on a baby’s head to help guide it out of the birth canal. Vacuum extraction, while it can help speed up delivery, does come with serious risks to both the mother and the child.

Speak with Our Miami Birth Injury Lawyers

Many birth injuries, including bruising, are the result of medical mistakes made by the nursing staff or a physician during delivery. Whether caused by a failure to closely monitor a mother and child’s vitals, or the decision to use certain medical tools, this type of negligence can have far-reaching consequences. It is possible, however, to hold negligent healthcare professionals accountable for their failure to provide adequate care to their patients, so if you or your child were hurt during labor and want to learn more about your legal options, please call Dolan Dobrinsky Rosenblum, LLP at (305) 371-2692 today. We are available to address your questions and concerns 24 hours a day.

Birth Injury Questions

Did Medical Mistakes Cause My Child’s Injuries?

Not every injury, illness, or condition suffered by an infant is the result of malpractice. Problems occur even in cases where doctors and nurses do everything right. Some injuries, however, are more likely to result from medical negligence than others. If your child suffered harm during birth, it is worthwhile to consult a lawyer about a possible injury claim.

What Does Negligence Look Like In The Birth Process?

This can be tricky for a layperson to identify. Medical malpractice occurs when a health care professional fails to live up to the accepted standard of practice. That standard is specific to the procedure and area of practice under discussion. One child’s birth can bear little resemblance to the next, depending on several factors. Proving medical negligence almost always requires expert testimony regarding what a doctor or nurse should do in a given situation. It is complex and requires an experienced eye to identify.

What Are Some Common Birth Injuries?

Fortunately, even the most common birth injuries are relatively rare. Approximately five of every 1,000 babies born in this country suffer an injury during birth. The most common injuries are minor and include bruising, caput succedaneum (temporary swelling of scalp tissue), and subconjunctival hemorrhage (broken blood vessels in the eye). More serious injuries include Erb’s palsy, bone fractures, cerebral palsy, and cerebral ischemia. Any of these injuries can occur in situations where no malpractice occurred, but they also bear further investigation.

How Will A Birth Injury Lawsuit Help Me?

Injuries to an infant can lead to massive medical expenses and lifelong disabilities. A lawsuit can provide access to the compensation you need to help cover the many expenses tied to treating your child. In addition, many families simply feel better knowing the truth about what happened to their children. Lawsuits help expose outdated practices, negligent doctors and nurses, and unsafe hospitals. You may be responsible for protecting the next family from experiencing the same trauma you suffered.

Can I Afford A Lawyer To Help Me With A Birth Injury Case?

Most attorneys handle these cases on a contingency fee basis. That means your attorney is paid a percentage of the money he or she recovers for you. The percentage is capped by Florida law. You should contact our birth injury attorney as soon as possible to learn more about your rights and preserve your right to seek compensation.

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Most Common Birth Injuries

According to the Centers for Disease Control and Prevention, just under 4 million babies were born in the United States in 2015—3,978,497, to be exact. It is estimated that as many as eight babies per 1,000 born have suffered a birth injury.  This amounts to approximately 28,000 babies every year who are born with a birth injury.

Birth injuries are not the same as defects. Birth injuries are not genetic in nature. They are caused by medical negligence, like failure to take action when the baby is having fetal distress or by using extraction tools incorrectly.

These errors are 100 percent preventable. Sadly, many of these babies suffer lifelong injuries from medical malpractice. Some suffer serious mental and physical disabilities. Some even die.

Common Birth Injuries

In the United States, the 10 most common birth injuries are the following:

  • Cerebral palsy
  • Perinatal asphyxia
  • Bone fractures
  • Spinal cord injuries
  • Cephalohematoma
  • Facial paralysis
  • Intracranial hemorrhage
  • Subconjunctival hemorrhage
  • Brachial plexus palsy (also known as Erb’s palsy)
  • Caput succedaneum

In Florida, the top three birth injuries are:

  • Cerebral palsy. This can occur either through an infection during pregnancy or during labor and delivery. Head trauma caused by incorrect use of forceps and vacuum extraction can cause cerebral palsy, as well as a lack of oxygen to the brain.
  • Erb’s palsy. Improper extraction can also cause Erb’s palsy, which is a condition that affects the brachial plexus nerve, located by the shoulder. This nerve is responsible for movement in the arm. If it is injured, it can cause limpness, loss of muscle control and even paralysis.
  • Hypoxia. This condition occurs when the baby lacks oxygen in the brain. Hypoxia can cause serious medical issues, including seizures, brain damage and even death.

Learn How Our Birth Injury Attorneys Can Help You

If you suspect medical malpractice or negligence occurred and resulted in a loved one’s birth injury, contact Dolan Dobrinsky Rosenblum Bluestein, LLP immediately. The sooner our experienced Miami birth injury attorneys are able to help with your case, the sooner a resolution can be found. While monetary compensation may not fully fix the injuries that occurred, it can help bring closure, hold those at fault accountable, and help you and your loved ones handle economic and non-economic damages that may have resulted because of this injury. Contact us at (305) 371-2692 to schedule a free case evaluation to get started on your claim.

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