Trial Preparation From Day One for Miami Birth Fracture Claims
A birth fracture is a broken bone sustained during labor, delivery, or shortly afterward. The clavicle, commonly called the collarbone, is among the bones most often affected. A newborn fracture doesn’t prove medical negligence, but the decisions made before and during delivery may warrant careful review.
Possible signs include limited movement of one arm, swelling or tenderness near the collarbone, crying when the arm moves, or discomfort during handling. Some fractures heal without lasting impairment. Others occur alongside nerve damage or additional birth injuries.
Call (305) 575-2177 for a free consultation about your child’s fracture and the circumstances surrounding the delivery.
Birth Fractures & Related Newborn Injuries
A neonatal clavicle fracture may cause tenderness, swelling, reduced arm movement, or a small bump as the bone heals. Birth-related broken bones can also affect the humerus, ribs, or other bones, depending on what occurred during delivery.
Reduced arm movement may indicate a fracture, a brachial plexus injury, or both. The brachial plexus is the network of nerves controlling movement and sensation between the neck, shoulder, and arm. Erb’s palsy is one form of this nerve injury. By contrast, cerebral palsy and hypoxic-ischemic encephalopathy involve neurological harm rather than a broken bone.
Factors affecting the seriousness of a newborn fracture include:
The location and displacement of the fracture.
Whether nerves or surrounding tissue were also injured.
The treatment and rehabilitation required.
Any lasting effect on movement, comfort, or development.
Delivery Decisions That May Warrant Investigation
Difficult deliveries don’t automatically indicate malpractice. The central question is whether healthcare providers recognized relevant risks, responded appropriately to complications, and followed the applicable standard of care.
One circumstance that may require review is shoulder dystocia, which occurs when a baby’s shoulder becomes lodged after the head is delivered. Other relevant factors may include abnormal fetal presentation, prolonged labor, estimated fetal size, instrument-assisted delivery, and the timing of decisions about an alternative delivery method.
An investigation may examine:
Failure to recognize or prepare for known delivery risks.
Excessive traction applied to the baby’s head, neck, shoulder, or arm.
Improper use of forceps or vacuum assistance.
Delayed responses to maternal or fetal complications.
Failure to diagnose the fracture or promptly assess possible nerve damage.
Our firm, Raposo & Lukacs, handles complex medical malpractice cases involving birth injuries and hospital negligence. Based in Coral Gables, we represent families throughout Miami-Dade County. We prepare each case for trial from the beginning rather than relying on a high-volume settlement model.
Founding partner John Lukacs previously represented insurance defense firms. That background helps us anticipate how carriers value claims, set reserves, shift blame, and develop other defense positions.
When an injury has lasting consequences, we work with life care planners and economists to evaluate future medical care, rehabilitation, home modifications, and lost earning capacity. We provide representation in English and Spanish, answer questions clearly, and keep families informed throughout the case.
Evidence That Can Clarify What Happened During Delivery
Confirming that a bone was broken isn’t enough to establish medical negligence. An investigation must determine whether the delivery team departed from the applicable standard of care and whether that departure caused compensable harm.
Relevant evidence may include:
Prenatal records, ultrasound findings, and estimated fetal weight.
Maternal medical history and documented delivery risk factors.
Labor progress notes and fetal monitoring records.
Delivery notes and records of forceps or vacuum use.
Shoulder dystocia documentation and descriptions of delivery maneuvers.
Newborn examinations, diagnostic imaging, and follow-up treatment records.
Medical Negligence & Causation
The standard of care is the level of care reasonably expected from comparable healthcare providers under similar circumstances. A viable claim generally requires evidence that a provider departed from that standard and caused harm. Shoulder dystocia, instrument use, or another risk factor isn’t sufficient by itself.
Losses Supported by the Evidence
Depending on the injury and its effects, recoverable losses may include treatment expenses, therapy, future care, parental income lost because of caregiving, and pain and suffering. Each category must be supported by medical records, financial documents, testimony, or other admissible evidence.
Florida Filing Deadlines
Under Florida law, medical malpractice deadlines and rules involving a child’s birth injury can depend on when the harm occurred, when it was discovered, and other case-specific facts. Parents shouldn’t assume they have a particular amount of time. A prompt review can identify the applicable deadline and help preserve records before evidence becomes harder to obtain.
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Prepared to Face Hospitals, Insurers, & Other Powerful Defendants
We’ve challenged large healthcare systems, insurance carriers, and government entities in complex litigation. Our results include a $40 million wrongful death jury verdict and an $8 million wrongful death jury verdict ranked among Florida’s top jury verdicts in 2024. These results don’t predict the outcome of another case, but they demonstrate our readiness to pursue high-stakes litigation through trial.
Families receive direct communication, regular updates, and 24/7 accessibility for urgent questions. We handle cases on a contingency-fee basis, so clients don’t pay attorney fees unless we secure a recovery.
Get Clarity About Your Child’s Birth Fracture
Request a free consultation to discuss the diagnosis, delivery circumstances, and evidence that may need review. Before the consultation, preserve discharge paperwork, imaging reports, medical bills, photographs, and notes about your newborn’s symptoms and treatment.
From our Coral Gables office, we serve families throughout Miami-Dade County and Florida in English and Spanish. Although liability can’t be determined without examining the medical evidence, a consultation can clarify your options and the appropriate next steps.
Call (305) 575-2177 to discuss a possible birth fracture claim with Raposo & Lukacs.
When the stakes are high, you need a legal team that won’t flinch. We are aggressive, strategic, and relentless in our pursuit of justice. Our track record speaks for itself—when we take on a case, we fight to win.
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High-value cases demand precision, experience, and fearless representation. We take on the toughest legal battles, standing firm against powerful opponents to secure the best possible outcome for our clients.
Powerful Representation
We don’t handle minor claims—we focus on complex, high-stakes cases where the results matter most. Our firm is built on the principles of aggressive litigation, tactical strategy, and an unwavering commitment to winning.
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Your legal battle isn’t just another case to us—it’s your future, your financial security, and your peace of mind. We take a personal stake in every case we handle, fighting with determination to deliver the justice and compensation you deserve.
