Pursuing Justice for Families Throughout South Florida
The birth of a child is meant to be a moment of joy and new beginnings. However, when a preventable medical mistake causes harm during pregnancy, labor, or delivery, it can turn into a lifetime of challenges for both the child and their family. Birth injuries can result in serious, long-term complications that demand physical, emotional, and financial care.
At Raposo & Lukacs, we stand by families facing these difficult circumstances, offering compassionate guidance and aggressive advocacy throughout the legal process. We are here to pursue the justice and compensation you deserve. Since 2011, we have recovered millions of dollars in damages for our clients.
A birth injury is physical harm sustained by a baby or mother during pregnancy, labor, delivery, or immediately after childbirth. Some birth injuries are unavoidable, but many occur because healthcare providers fail to follow accepted medical standards.
Birth injuries can range from mild and temporary conditions to severe, lifelong disabilities. In some cases, these injuries may require ongoing medical care, therapy, surgeries, or specialized support services.
A birth injury claim may arise when a doctor, nurse, hospital, or medical professional acted negligently by:
If negligence contributed to your child’s injury, you may be entitled to compensation under Florida medical malpractice laws.
Common Types of Birth Injuries
Birth injuries can affect a child’s physical, neurological, and cognitive development. Some of the most common birth injuries include:
Cerebral Palsy: Cerebral palsy is a neurological disorder that affects movement, coordination, and muscle control. It may result from oxygen deprivation during labor or delivery.
Brachial Plexus Injuries: These injuries occur when nerves in the baby’s shoulder or neck are stretched or torn during delivery. Severe cases can lead to permanent arm weakness or paralysis.
Erb’s Palsy: Erb’s palsy is a specific type of brachial plexus injury that impacts arm movement and muscle function.
Hypoxic-Ischemic Encephalopathy (HIE): HIE occurs when the brain does not receive enough oxygen during childbirth. This condition can cause developmental delays, seizures, or permanent brain damage.
Skull Fractures and Brain Injuries: Improper delivery techniques or misuse of medical tools may lead to fractures, bleeding, or traumatic brain injuries.
Spinal Cord Injuries: Excessive force during delivery can damage a newborn’s spinal cord, potentially causing paralysis or other serious complications.
Fractures: Difficult deliveries sometimes result in broken bones, especially the collarbone or clavicle.
Signs Your Child May Have Suffered a Birth Injury
Some birth injuries are immediately apparent, while others may not become noticeable until months or years later.
Potential signs of a birth injury include:
Difficulty feeding
Weak muscle tone
Seizures
Delayed developmental milestones
Breathing problems
Excessive crying
Limited movement in arms or legs
Poor coordination
Cognitive or speech delays
If you notice unusual symptoms or developmental issues, it is important to seek medical attention and consult a Miami birth injury lawyer to evaluate your legal options.
Who Can Be Held Liable for a Birth Injury?
Several parties may be responsible for a birth injury depending on the circumstances of the case.
Potentially liable parties include:
Obstetricians
Nurses
Anesthesiologists
Hospitals
Medical clinics
Healthcare systems
Emergency room staff
At Raposo & Lukacs, we thoroughly investigate each case to identify all responsible parties and build a strong claim on your behalf.
Compensation Available for Families
Birth injuries often create substantial financial hardships for families. Compensation may help cover both current and future expenses associated with your child’s care.
Depending on the circumstances, families may recover damages for:
Medical expenses
Future medical treatment
Rehabilitation and therapy
In-home nursing care
Assistive devices and equipment
Lost wages for caregivers
Pain and suffering
Emotional distress
Loss of quality of life
Long-term disability costs
In severe cases involving permanent disabilities, compensation may account for lifelong care needs and ongoing treatment expenses.
Birth Injury FAQs
How do I know if my child’s injury was caused by medical malpractice?
It can be difficult to determine medical malpractice on your own. A birth injury claim typically requires showing that a healthcare provider failed to follow the accepted medical standard of care, and that this failure directly caused the injury. A qualified Miami birth injury attorney can help investigate medical records, consult experts, and evaluate whether malpractice occurred.
How long do I have to file a birth injury lawsuit in Florida?
Under Florida law, most medical malpractice claims must be filed within two years from when the injury was discovered or should have been discovered. However, there are exceptions, especially for minors. In some cases, you may have until your child’s eighth birthday to file. Consult a local Miami birth injury lawyer as soon as possible to protect your rights.
Can I file a lawsuit against a hospital in Miami?
Yes, if the hospital or its employees (such as nurses or staff physicians) were negligent, the hospital can be held liable. If the negligence was committed by an independent contractor, like a private OB-GYN, you may need to file against the doctor individually.
What is the difference between a birth injury and a birth defect?
A birth injury is usually caused by physical trauma or medical errors during labor or delivery. A birth defect is typically a genetic or developmental issue that arises during pregnancy and is not usually related to negligence. Birth injury claims focus on preventable harm caused during the birthing process.
Will filing a claim affect my child’s future medical care?
No. Filing a legal claim does not prevent you from accessing necessary medical care for your child. In fact, a successful claim can provide financial resources to ensure your child receives the best possible care and support for the long term.
What should I do if I suspect my child suffered a birth injury in a Miami hospital?
Act quickly. Start by:
Requesting all relevant medical records
Documenting your child’s symptoms and diagnoses
Consulting a Miami birth injury attorney to assess your case
Understanding Your Rights and Legal Options
When faced with the devastating impact of a birth injury, you might feel overwhelmed and unsure of where to turn. It's crucial to understand your rights as a parent and the legal options available to you. Our dedicated team at Raposo & Lukacs is committed to empowering families with the information they need to make informed decisions.
Here are some essential points to consider:
Establishing Liability: Our experienced legal team will assist you in determining if negligence played a role in your child's birth injury. This involves thorough investigations and consultations with medical experts.
Pursuing Compensation: Understanding the types of compensation available is vital. These can cover medical expenses, rehabilitation costs, and emotional suffering. We will work to ensure that you receive the full compensation you deserve.
Filing a Timely Claim: There are strict deadlines for filing birth injury claims in Florida. Our attorneys will guide you through every step to ensure that you meet all necessary deadlines and procedural requirements.
Support Throughout the Process: Navigating the legal system can be daunting. Our compassionate team will provide you with continual support and clear communication every step of the way. You are not alone in this journey.
Contact us today for a free consultation with a Miami birth injury attorney. Call (305) 575-2177 or reach us online.
“John goes the extra mile to fight for what you deserve, keeping you informed every step of the way. Highly recommended!”
Octavio C.
“Dedicated, Professional, and Compassionate”
“Grateful for the hard work, professionalism, and kindness this firm showed throughout my case. Their dedication made all the difference.”
Phyllis P.
“Dedicated, Thoughtful, and Fierce Advocates”
“Raposo & Lukacs fought for our family and won. Thoughtful, thorough, and professional—John, Jose, and Cassandra truly go above and beyond!”
John P.
“Compassionate Support, Outstanding Results”
“Professional, caring, and always responsive—this team secured a great settlement during a difficult time. Grateful for their support!”
D. Conra
“Highly Recommended for Trusted Legal Services”
“Very satisfied with the service and would highly recommend this firm to family or friends for their professionalism and dedication.”
Diana F.
“Trustworthy Support Every Step of the Way”
“A seamless, caring, and professional experience from start to finish. Grateful for their dedication and support throughout the process.”
J.C.
“Professionalism with a Personal Touch”
“José and Cassandra provided exceptional support, creating a family-like environment. Grateful for Dr. B’s help in restoring my back after the accident!”
Ricardo R.
“Dedicated Advocacy for the Best Results”
“Raposa & Lukacs work tirelessly to secure the best outcome for their clients. Highly recommended for anyone in need of legal services!”
Navigating a birth injury claim alone can feel overwhelming—especially when you are focused on your child’s recovery.
Our experienced medical malpractice team can:
Conduct a thorough investigation into the events leading to the injury.
Work with medical experts to build a strong and credible case for negligence.
Handle all communications and negotiations with the hospital’s or healthcare provider’s attorneys and insurers.
Represent your family’s best interests in court, if necessary, to fight for full and fair compensation.
With one of our attorneys by your side, you can focus on providing the care and support your child needs while Raposo & Lukacs works to hold negligent medical providers accountable.
Contact our Miami birth injury lawyers at (305) 575-2177 for a free consultation and take the first step towards justice.
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.
When Everything Is on the Line, We Deliver.
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.
