Birth Injury

South Florida Lawyers Skilled in Medical Malpractice Claims

Complications can arise during childbirth. While some labor and delivery injuries are unavoidable, others are the result of negligence on the part of medical professionals. At Frankl & Kominsky, we know that this type of harm can have detrimental and long-term consequences for the child, the mother, and their family. If you or your child were hurt by the careless conduct of a South Florida health care provider, our medical malpractice attorneys can help you. We are tireless litigators who can help you bring a claim against the medical professionals who caused your harm.

Birth Injury

A birth injury can occur during labor or delivery. In many cases, the child is most affected by trauma during childbirth, but the mother can also sustain harm related to the event. While the mother and child are closely monitored throughout pregnancy, some medical professionals fail to properly diagnose, treat, or care for the mother and child near the end of this time.

Birth injuries are often the result of:

  • Insufficient pre-natal testing;
  • Failure to diagnose or treat certain pregnancy and birth complications, such as preeclampsia, eclampsia, placental abruption, or placenta previa;
  • Delayed Caesarean section; or
  • Improper use of forceps or vacuum during delivery.

A child can suffer brain injuries, fractures, or nerve damage during childbirth. A lack of oxygen, for example, can cause certain forms of harm to the brain, including cerebral palsy. The use of forceps can also cause skull fractures and brain injuries. In addition to the child, the mother may sustain birth-related injuries, including excessive blood loss and complications like seizures from uncontrolled high blood pressure.

Holding Negligent Medical Providers Accountable

You may have a medical malpractice claim if you or your child suffered a birth injury. When a health care professional makes careless mistakes, the victim can pursue a lawsuit under the theory of negligence.

Ordinarily, this type of claim requires that a plaintiff establish a duty of care, a breach of the duty of care, causation, and damages. The standard of care in medical negligence lawsuits differs from the standard of care in ordinary injury claims because it is specific to the profession. It is defined as the level of care that the typical medical professional, with the same qualifications, would deem acceptable given the surrounding circumstances. This requires the testimony of experts and a thorough assessment of your medical records. Once you establish the standard of care, you must show that the medical professional’s actions fell below that standard. If you succeed in proving that the physician’s breach led directly to your harm, you may be able to recover damages.

Birth injuries can require significant medical treatment, including surgery, rehabilitation, and long-term care. If your child was hurt, he or she may need attention for the rest of his or her life. You may be able to recover compensation for current and future medical expenses, projected cost of living, pain and suffering, and other economic or non-economic damages.

The statute of limitations for Florida medical malpractice claims is usually two years from the date of the injury. If the harm was not discovered during that period, however, a victim may be permitted to start a lawsuit until four years have passed since the negligent conduct. This four-year time window, however, does not apply to children under the age of eight.

Advocating for Boynton Beach Victims of Medical Negligence

Frankl & Kominsky offers dedicated representation to injured residents of Boynton Beach and nearby communities. Our knowledgeable medical negligence lawyers can aggressively assert your right to compensation if you or your child were hurt during childbirth. We can gather evidence, conduct an extensive review of your medical records, and enlist experts to help you. We provide our services to residents of Palm Beach Gardens, Coral Springs, and Fort Lauderdale, in addition to other Florida areas. Please call us at (855) 800-8000 or complete our online form to arrange a free initial consultation. We are fluent in Spanish and Creole.

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl & Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl & Kominsky for your personal injury case. By A Personal Injury Client
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon