Weston Birth Injury Lawyer – Advocating for Families in Crisis

When the joy of childbirth turns into heartbreak due to medical negligence, families in Weston deserve answers and justice. At Rafaeli Law PLLC, our experienced Weston birth injury lawyers help parents pursue compensation when preventable errors cause serious harm to their newborn or mother. We are dedicated to holding negligent healthcare providers accountable and guiding families through complex legal paths with compassion and strength. ]

What Is a Birth Injury?

A birth injury is physical or neurological damage sustained by a newborn during labor or delivery, often caused by medical negligence. These injuries differ from birth defects, which stem from genetic or prenatal conditions. A birth injury can result in lifelong challenges for the child and emotional and financial strain for the family.

Birth Injury vs. Birth Defect

Birth Injury: Occurs due to trauma during labor or delivery (e.g., oxygen deprivation, forceps misuse). These can often be linked to a specific event and might be preventable.
Birth Defect: Typically results from genetic abnormalities or issues during fetal development (e.g., congenital heart disease). These are not typically caused by healthcare provider actions.

Understanding this distinction is crucial for determining liability in a medical malpractice claim. Our team also handles wrongful death cases where negligence leads to fatal birth complications.

Common Types of Preventable Birth Injuries

Weston families may face a range of birth injuries caused by healthcare provider negligence. Some of the most common include:

Cerebral Palsy – Often caused by a lack of oxygen to the baby’s brain during delivery. Children may experience motor impairment, developmental delays, and lifelong disability. It affects approximately 1 in 345 children in the U.S., according to the CDC.
Brachial Plexus Injuries (Erb’s Palsy) – Damage to the nerves controlling the arm and hand, often due to excessive pulling or poor handling of the shoulder dystocia. Recovery can take months or result in permanent disability.
Fractures – Commonly clavicle fractures from difficult deliveries or misuse of tools. While some heal with proper care, others may impact mobility.
Facial Nerve Damage – Caused by forceps or vacuum extraction, potentially resulting in permanent facial paralysis. This may impact eye closure and feeding.
Intracranial Hemorrhage – Bleeding inside the brain due to misuse of instruments or delivery trauma. This condition may lead to seizures, developmental delays, or even death.

These conditions often require long-term medical care, therapy, and special education support, imposing both financial and emotional burdens on families. You can explore similar cases in our case results section.

Common Forms of Negligence Leading to Birth Injuries

Medical negligence can take many forms, including:

Failure to Monitor Fetal Distress – Not responding promptly to signs of oxygen deprivation or abnormal heart rate, which can result in permanent brain damage or death.
Delayed C-Section – Not performing a necessary cesarean in time can cause severe harm, especially in cases involving breech position or fetal distress.
Misuse of Forceps or Vacuum Extractor – Improper technique can cause fractures, brain hemorrhages, or nerve injuries.
Poor Management of High-Risk Pregnancies – Conditions like gestational diabetes, hypertension, or preeclampsia require specialized monitoring. Failure to manage these risks can result in complications during delivery.

According to the Florida Department of Health, improper medical care during labor is a significant contributor to preventable infant injuries.

How to Prove Medical Malpractice in a Florida Birth Injury Case

To succeed in a birth injury lawsuit, your legal team must demonstrate:

Doctor-Patient Relationship – The healthcare provider had a duty to provide care.
Breach of Standard of Care – The provider failed to meet acceptable medical standards based on what a reasonably competent provider would have done.
Causation – The provider’s negligence directly caused the injury. This is often established through expert testimony.
Damages – There are measurable losses: medical bills, therapy costs, pain, and suffering. Documentation and ongoing care records are vital to prove these.

This requires expert testimony, medical record review, and litigation strategy, tools our Weston medical malpractice attorneys use every day.

Key Weston Birth Injury Data

Metric	Description
Average Birth Injury Settlement in Florida	$500,000 – $1 million+ depending on severity and long-term care needs
Most Common Injury in Weston Cases	Cerebral Palsy, often due to lack of oxygen or delayed C-sections
State Filing Deadline for Parents	2 years from when the injury is discovered or should have been discovered
Extended Filing for Minors	Up to the child’s 8th birthday, per Florida law
US Birth Injury Rate	6 to 8 per 1,000 live births (CDC)
Florida Medical Malpractice Claims (2022)	Over 1,500 payouts reported (National Practitioner Data Bank)
High-Risk Delivery Sites	Facilities in Broward County and Weston-area hospitals

Why Choose Rafaeli Law PLLC as Your Personal Injury Lawyer

Weston families trust Rafaeli Law PLLC because we provide:

Proven Results – We’ve recovered millions for clients in complex injury and malpractice cases. See Case Results
Focused Experience – Our attorneys handle only injury cases. We know what it takes to win.
Local Advantage – As a Weston-based law firm, we understand the hospitals, court systems, and community issues.
Personal Service – Your family receives direct attention from an experienced lawyer—not a case manager.
No Upfront Fees – We work on contingency. You don’t pay unless we win your case.

Read our client testimonials to hear from families we’ve helped.

Compensation for Birth Injury Victims in Weston, FL

A successful claim can help families recover economic and non-economic damages:

Current and Future Medical Expenses – Surgeries, hospital care, physical and occupational therapy, medications, and in-home nursing support.
Special Education & Home Modifications – Includes adaptive devices, learning aids, wheelchair ramps, and more.
Loss of Future Earnings – For the child’s expected career potential if the injury results in permanent disability.
Pain & Suffering – Emotional trauma experienced by the child and the parents.
Parental Loss of Income – Many parents are forced to leave work or reduce hours to become caregivers.
Wrongful Death Damages – If the child dies due to malpractice, families may claim funeral costs, loss of companionship, and future support.

In Florida, some birth injury settlements exceed $1 million, depending on the severity of harm and projected lifelong care costs. According to the National Practitioner Data Bank, over 1,500 malpractice payments were made in Florida in 2022 alone. Read about the types of compensation in similar birth injury cases.

Florida Birth Injury Statute of Limitations

Under Florida law (Fla. Stat. § 95.11):

Parents typically have 2 years from the date they knew or should have known about the injury.
For minors, claims may be filed until the child’s 8th birthday if the injury wasn’t immediately discoverable.

It’s critical to consult a birth injury lawyer early to preserve your legal rights. Delaying could bar your claim entirely. For more legal context, review our legal disclaimer and privacy policy.

Testimonials

What Our Clients Are Saying

Hear from the clients who trusted us to fight for their justice—and found peace, resolution, and results.

Rafaeli Law is top-notch! From the very first call, their team was professional, responsive, and clearly knew what they were doing. They didn’t waste any time — they moved fast, kept me informed, and went after results with real determination. You can tell they’re go-getters who truly care about their clients. If you need a law firm that’s sharp, efficient, and fights for you, I highly recommend Rafaeli Law.

Maurice M.

Kerollos A.

Can't say enough good things about Rafaeli Law. Their team is incredibly professional, responsive, and genuinely committed to helping you through every step of the process. Their attention to detail and dedication to achieving the best possible outcome truly sets them apart. If you're looking for a trustworthy, knowledgeable, and results-driven legal team, Rafaeli Law is the place to go.

Heather H.

I had a great experience with Rafaeli Law after my car accident. They were professional, responsive and always made sure I understood each step of the process. A special thank you to Jindy - she was absolutely amazing. She was kind, patient and incredibly helpful every time I had questions or concerns. I highly recommend them to anyone who needs legal help after an accident.

Lorena Z.

Rafaeli Law, not only took the time to really listen to my situation but made me feel like they truly listened so they could understand and do the best they possibly could in asserting my case. In every step of the process they communicated with me. If I ever need a lawyer in the future I will be reaching out to them and will be recommending them to my friends and family.

Vanessa C.

FAQ

Frequently Asked Questions

1. What qualifies as a birth injury in Florida law?

A birth injury refers to harm sustained by an infant during labor or delivery due to preventable medical errors or negligence. Common examples include cerebral palsy, nerve damage, and fractures.

2. How long do I have to file a birth injury lawsuit in Weston?

You generally have 2 years from the date the injury is discovered, or until the child’s 8th birthday in some cases involving delayed discovery.

3. Can I sue a hospital for a birth injury in Weston, FL?

Yes, if hospital staff or policies contributed to negligence during delivery, the facility could be held liable in a malpractice lawsuit.

4. What compensation can I receive in a birth injury case?

Compensation may cover medical expenses, future care, loss of earnings, emotional distress, and other damages related to your child's injury.

5. Are birth injuries always the result of malpractice?

No, not all birth injuries are due to malpractice. Some may be unavoidable. A thorough investigation can determine whether negligence played a role.

6. How do I prove medical negligence in a birth injury case?

Your attorney will collect medical records, expert opinions, and testimonies to show that the provider’s actions fell below accepted standards of care.

7. How common are birth injuries in Florida?

CDC data suggests that 6–8 out of every 1,000 births in the U.S. involve some form of birth injury. Florida’s rate is similar.

8. What are the signs of a birth injury in a newborn?

Signs can include difficulty breathing, seizures, poor muscle tone, feeding problems, or failure to meet developmental milestones.

9. How much does it cost to hire a Weston birth injury lawyer?

At Rafaeli Law PLLC, we work on a contingency fee basis. You don’t pay anything unless we win your case.

10. Why should I hire a local Weston birth injury attorney?

Local lawyers understand the community, local hospitals, and Florida’s legal system—giving you an advantage in navigating your claim.

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If you are facing a personal injury or insurance dispute, Rafaeli Law PLLC is here to help. We are dedicated to protecting your rights and helping you secure the compensation you deserve.

1500 Weston Rd Suite 200, Weston, FL 33326

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