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North Miami Beach Birth Injury Lawyer

Birth injuries to a mother or newborn can change the life of a family forever. A compassionate North Miami Beach birth injury lawyer understands that these injuries can change a moment of joy to an experience filled with sorrow. The Department of Health and Human Services reports that approximately one in three birth injuries is preventable. This means that when birth injuries occur, medical professionals like doctors or nurses are often to blame for the resulting harm. Despite this risk, hospitals often refuse to acknowledge their mistakes and make it difficult for those impacted by birth injuries to obtain compensation. In these tragic situations, an experienced personal injury lawyer can help you hold the responsible medical professionals accountable.

The birth injury lawyers at Gerson & Schwartz, PA are ready to help. With over 50 years of experience, our personal injury law offices are dedicated to guiding families through the legal process necessary to obtain compensation for the birth injuries they have suffered. A birth injury lawyer in North Miami Beach can make sure that your rights are protected if you or your child was harmed by medical malpractice during birth. To schedule your free case evaluation, contact our law office today at 305-371-6000 or toll-free at (877) 475-2905.

Miami Hospitals Where Birth Injuries Occur

Some medical facilities in the Miami where birth injuries are known to occur include:

  • Coral Gables Hospital
  • First Capital Hospital
  • Holtz Children’s Hospital
  • Jackson Memorial Hospital
  • Mercy Hospital
  • South Miami Hospital

Regardless of where a child is born, that child is at risk of suffering birth injuries. One of the best steps to take if your child was impacted by a birth injury is to promptly contact an experienced and compassionate injury attorney for help.

Common Types of Florida Birth Injuries

There are several types of birth injuries that can impact newborn babies. Some of the most common birth injuries that North Miami Beach residents encounter include:

  • Brain damage
  • Cerebral palsy
  • Depressed skull fractures
  • Erb’s palsy
  • Meconium aspiration
  • Shoulder dystocia
  • Stillbirth
  • Untreated jaundice

Tragically, many of these birth injuries lack a cure. Instead, children with birth injuries are often left to face a life of hardships that make it difficult if not impossible to perform many daily living activities. Children impacted by birth injuries often require medical care and assistance indefinitely. This long term medical treatment comes with a steep price tag; that is why you need to contact our North Miami Beach birth injury attorneys to help you fight for the maximum compensation that you deserve.

How Birth Injuries Occur

Birth injuries are divided into two categories — trauma due to external forces and injuries caused by oxygen deprivation to the brain. Some of the most common mistakes made by doctors and other medical professionals that can lead to birth injuries include:

  • Aggressive use of medical tools like forceps or vacuum extractors
  • Excessive or improper use of labor-inducing medications
  • Failure to diagnose conditions during pregnancy
  • Failure to treat jaundice
  • Failure to monitor fetal or maternal distress
  • Inadequate or delayed ordering of cesarean sections
  • Medication errors

During an initial free, a North Miami Beach birth injury lawyer can determine how your injury occurred as well as discuss your available legal options.

Why Initiating a Birth Injury Lawsuit can Protect Your Child’s Future

Birth injuries often leave children with substantial and long-lasting medical complications. While these injuries sometimes heal over time, other injuries leave children permanently disabled. The most serious of birth injuries can leave children unable to live on their own or hold jobs, which means that the child might end up permanently reliant on caretakers. This is a substantial cost for families to face. Whatever your family is going through right now, it is critical to remember that you are entitled to compensation for the emotional and physical damages caused by the negligence of a medical practitioner.

Remember Florida’s Statute of Limitations

If a child experiences a birth injury, the parents have a limited window of time in which to initiate a medical malpractice lawsuit against the responsible party. Waiting too long might mean that the parties are unable to pursue compensation in a court of law. In most cases, birth injuries must be filed within two years of the date of an injury. If the injury is not immediately noticeable, a lawsuit must be initiated within two years of the date that the injury should have been reasonably discovered. As a result, you should not hesitate to speak with a North Miami Beach birth injury lawyer.

Under Tony’s law, children who are born after July 1, 1996 also have the right to initiate a birth injury lawsuit until their 8th birthday. This longer window of time, however, does not apply if the guardian or parent knew or should have known of the injury and the reasonable likelihood that the injury was caused by medical malpractice.

Contact an Experienced Medical Malpractice Attorney

Because they are often not treatable, birth injuries can leave families struggling through years of emotional and financial hardship. The most serious of these injuries can result in millions of dollars in medical bills. Studies reveal that many of these costs are non-medical, including occupational therapy, trained supervision, and special education. Non-medical costs will not be covered by health insurance, but they can be addressed through a medical malpractice claim. Your family should not be responsible for paying these costs.

A North Miami Beach birth injury lawyer can help hold the responsible parties accountable for your losses. If you need the assistance of an experienced family law attorney, do not hesitate to contact Gerson & Schwartz, PA today to schedule a free case evaluation.


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A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
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Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
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Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
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Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
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I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User
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