Miami Birth Injury Lawyer

Giving birth to your little bundle of joy, or sharing the birth experience with your partner, is supposed to be one of the happiest and most exciting days of your life. However, a medical error can turn this joyous day into a nightmare, causing severe injury to mother, child, or both.

If you, your spouse, or your baby was seriously injured because of an OB-GYN or doctor’s medical errors, you should discuss your legal options with a birth injury attorney serving the Miami area. Depending on the circumstances, you may have a birth injury claim, and could be entitled to financial compensation for medical bills, pain and suffering, and other damages.

Prosper Shaked is ready to fight tirelessly for justice and compensation for your family. For a free legal consultation concerning a potential birth injury claim in Miami, contact The Law Offices of Prosper Shaked at (305) 694-2676.

Can I Sue an OB-GYN or Hospital in Florida if My Baby was Injured?

Even though healthcare professionals receive many years of education and training, there is always a risk that an obstetrician, gynecologist, surgeon, anesthesiologist, or nurse will make a devastating error that causes preventable birth injuries, organ damage, or other health problems in the mother, her child, or both individuals. In severe cases, a birth injury can permanently harm the mother, or permanently disable the child from the very beginning of his or her life. Tragically, some birth injuries even prove fatal to the mother, her baby, or both.

If a pregnant woman or her child is carelessly injured at any stage of the childbirth process, there may be a “cause of action,” or grounds for filing an injury claim. Likewise, if the birth injury is fatal to the mother or child, the survivors may have grounds for filing a wrongful death lawsuit. In either situation, it may be possible to recover financial compensation for the expenses and losses resulting from the negligent care. This can help to establish a safety net to lighten the burden of medical bills, while simultaneously helping you hold the negligent doctor or facility accountable.

Medical professionals, such as OB-GYNs and anesthesiologists, have what is called a “duty of care” to their patients. The duty of care requires healthcare professionals to exercise due caution and avoid making careless, preventable errors that cause harm to patients. If your doctor made a preventable error that caused you, your wife or girlfriend, or your baby to become injured or develop a serious medical condition, you could have grounds for a claim or lawsuit against the parties at fault, such as the individual who made the error or the facility which hired or trained the individual.

Common Birth Injuries Caused by Medical Errors

Serious injuries to mother and/or child can occur during or prior to childbirth. An injury may result from rough handling or physical trauma, such as the application of excessive force during a forceps- or vacuum-assisted vaginal delivery, or from the improper administration of medications while the fetus is still developing, or while the mother is entering labor. For example, the baby or mother can become sick or be killed by receiving an overdose of Pitocin (oxytocin), a drug commonly used to induce uterine contractions. Excessive Pitocin can cause seizures, neonatal jaundice, and an array of other serious complications.

Both vaginal births and deliveries performed via Caesarean section (“C-section”) can lead to disabling or life-threatening injuries if medical negligence occurs, though statistics indicate that women who have C-section deliveries have a higher risk of dying or sustaining injury. Unfortunately, it is common for doctors to make unnecessary delays before performing C-sections, which can starve the baby of oxygen and cause irreversible damage to brain tissue. A doctor can also cut too deeply, misposition the incision, or use an improperly sterilized instrument to make the cut, leading to a serious infection.

Other common examples of birth injuries and conditions in newborns that can be caused by medical errors include:

  • Asphyxia
  • Bone Fractures
  • Brachial Plexus Injuries (BPI)
  • Cerebral Palsy
  • Erb’s Palsy
  • Facial Paralysis
  • Hematoma
  • Klumpke’s Palsy
  • Postpartum Hemorrhaging (Bleeding)
  • Shoulder Dystocia
  • Spinal Cord Injury (SCI)
  • Wrongful Death

Miami Birth Injury Attorney Offering Free Consultations

Nothing is more devastating than watching your child or loved one struggle with a serious injury that could have been avoided with higher quality care. At The Law Offices of Prosper Shaked, we understand how deeply personal and painful birth injury cases are for the families involved, and will handle your case with the utmost degree of compassion, care, and sensitivity.  Prosper is an aggressive advocate for victims of medical negligence, and will work tirelessly to uncover precisely what went wrong while fighting for the maximum compensation.

To arrange a free legal consultation about your family’s options following a birth injury in Miami, contact The Law Offices of Prosper Shaked at (305) 694-2676. With offices located in Miami, Florida we proudly serve mothers, fathers, and children throughout the Miami metropolitan area.


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Miami Personal Injury Lawyer
Thank you for the excellent services you and your office provided to me and my family during a very difficult time. I sincerely appreciate your professionalism and expertise. I am delighted to recommend your company to anyone who is looking for a great lawyer. - Maggie K.
First and foremost Prosper is amazing. A big thing for me is communication and throughout my whole case he kept me in the loop about everything that will take place, what is currently going on, and updated me constantly. I called and explained my situation the best I can and he was honest from the very start, very professional. For future endeavors I know exactly who I’m going to call. - Nahleen U.
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The Law Offices of Prosper Shaked
(Main Office)
14 NE 1st Ave #706
Miami, FL 33132

CALL 24/7 (305) 694-2676