Miami Birth Injury Lawyer – Protecting Your Child’s Future Starts Here

Compassionate Representation for Miami Families Facing Birth Trauma

When a joyous occasion like childbirth turns tragic due to medical negligence, the impact on your family is profound and lasting. At Rafaeli Law PLLC, our experienced Miami birth injury lawyers fight for families whose lives have been forever changed by preventable birth injuries. We understand your fear, frustration, and need for answers, and we’re here to help you find justice.

Call 954-365-5639 today for a free consultation. We serve families across Miami-Dade County, from Kendall to Hialeah and beyond. Learn more about our Miami Personal Injury Law Services.

What Is a Birth Injury?

A birth injury refers to physical harm sustained by a baby before, during, or shortly after the delivery process. These injuries are often the result of mistakes by doctors, nurses, or hospitals that fail to meet the accepted standard of care.

Common Preventable Causes:

Misuse of forceps or vacuum tools during delivery — these instruments, when applied incorrectly, can fracture bones or injure nerves.
Failure to monitor fetal distress — ignoring signs of oxygen deprivation can result in brain injuries.
Delayed C-sections — hesitating too long can lead to emergency complications.
Improper use of medications like Pitocin — can cause overly strong contractions, leading to trauma.
Failure to recognize and respond to complications — can escalate minor issues into critical emergencies.

Some injuries heal in time. Others lead to lifelong conditions like cerebral palsy or Erb’s palsy, requiring costly long-term care and support.

Explore our dedicated Birth Injuries Practice Area to learn more.

How Common Are Birth Injuries in Florida?

Florida ranks among the states with the highest number of medical malpractice payouts. In 2022 alone, there were over 1,600 paid claims, and Miami-Dade County accounted for a large portion. Birth-related malpractice is one of the most expensive and devastating types.

The Florida Birth-Related Neurological Injury Compensation Association (NICA) was created to handle certain catastrophic birth injuries, but this system has strict eligibility and does not cover every situation. A Miami birth injury attorney can help determine if your case qualifies.

How to Prove Medical Negligence in a Birth Injury Case

To succeed in a Miami birth injury lawsuit, we must prove:

Duty of Care – The doctor or hospital owed your family a professional duty.
Breach – That duty was breached by negligence.
Causation – The negligence caused the injury.
Damages – The injury resulted in measurable losses (medical costs, future care, pain and suffering).

Our team works with top medical experts, life care planners, and economists to build a clear picture of your child’s future needs. Visit our Medical Malpractice Practice Area to understand more about the legal process.

What Compensation Can You Recover?

A birth injury claim can help you secure funds to support your child’s health and development. This includes:

Past and future medical expenses — including surgeries, hospital stays, and therapies.
Rehabilitation and therapy costs — occupational, speech, and physical therapy to improve function.
Lost earning potential (future income) — compensation for a child’s lifetime reduced earning capacity.
Special education and assistive devices — adaptive technologies and learning support.
Pain and suffering — for the child’s and family’s emotional and physical hardships.
Emotional distress for parents — recognizing the traumatic burden families carry.

In cases of extreme negligence, punitive damages may also be awarded.

Miami Birth Injury Claims – Quick Reference Table

Injury Type	Description	Common Cause	Long-Term Effects
Cerebral Palsy	Brain damage affecting movement and coordination	Oxygen deprivation during birth	Mobility issues, cognitive delays
Erb’s Palsy	Nerve damage to shoulder, arm, or hand	Shoulder dystocia or rough delivery	Arm weakness or paralysis
Hypoxic-Ischemic Encephalopathy	Brain injury caused by lack of oxygen	Delayed C-section or distress	Seizures, intellectual disability
Skull or Clavicle Fracture	Broken bones sustained during delivery	Misuse of delivery tools	Pain, need for surgery
Kernicterus	Brain damage from untreated jaundice	Failure to monitor bilirubin levels	Hearing loss, movement disorders
Cephalohematoma	Bleeding between the baby’s skull and scalp	Vacuum or forceps misuse	Swelling, risk of infection

What To Do If You Suspect a Birth Injury

If something doesn’t feel right after your child’s delivery, act quickly. Early action protects your rights.

Steps to take:

Request complete medical records — ensure all documentation is preserved.
Monitor your child’s developmental milestones — track motor, speech, and cognitive growth.
Get a second medical opinion — confirm or rule out suspected trauma.
Contact a trusted Miami birth injury law firm – for legal insight and case evaluation.

Time matters. In Florida, you generally have two years from the date the injury was discovered to file a lawsuit, with a maximum limit of four years from the date of injury, unless fraud or concealment occurred. Review our Legal Disclaimer to understand your rights.

Why Choose Rafaeli Law PLLC as Your Personal Injury Lawyer

Deep knowledge of Florida birth injury law: Our attorneys stay current with the latest medical and legal standards in Florida to provide accurate, aggressive representation tailored to your unique case.
Local understanding of Miami hospitals and medical providers: With experience navigating South Florida’s healthcare system, we recognize patterns of negligence at specific facilities and know how to expose institutional failures.
Access to renowned medical experts and investigators: We partner with pediatric neurologists, OB-GYN specialists, and life care planners who can support your claim with credible, court-admissible expert opinions.
Transparent communication and updates throughout your case: You’ll never be left in the dark. We provide regular updates, quick responses, and direct attorney access to keep you fully informed.
No fee unless we win: We handle all birth injury claims on a contingency basis, so you pay nothing up front. We’re committed to helping your family without adding financial pressure.

Visit our Case Results, Testimonials, and Our Attorneys to see how we’ve made a difference for Florida families.

Speak With a Miami Birth Injury Lawyer Today

Your child deserves the best chance at a full life. If a preventable birth injury has affected your family, let us help you seek accountability and secure the resources you need.

Rafaeli Law PLLC
1500 Weston Rd., Suite 200
Weston, FL 33326
954-365-5639
Contact Us Online | Google Maps Location

We serve clients across Miami, Kendall, North Miami Beach, and all surrounding areas.

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 due to medical malpractice in Miami?

A birth injury is considered medical malpractice in Miami if it results from a healthcare provider’s negligence — such as failure to monitor fetal distress, improper use of delivery tools, or delay in performing a necessary C-section. These actions must fall below Florida’s accepted medical standard of care.

2. How do I know if my child’s condition was caused by a medical mistake?

Many families do not realize a birth injury was preventable until months or even years later. Signs include missed developmental milestones, muscle stiffness, seizures, or a formal diagnosis of cerebral palsy or Erb’s palsy. A qualified Miami birth injury attorney can help investigate medical records and consult specialists.

3. How long do I have to file a birth injury claim in Florida?

In most cases, Florida law allows up to two years from the date the injury is discovered, with an absolute deadline of four years from the date of the incident. If you believe a hospital or provider in Miami-Dade County caused your child’s injury, don’t wait; time is critical.

4. Can I still file a claim if my child’s injury was noticed years after birth?

Possibly. Some birth injuries like hypoxic-ischemic encephalopathy (HIE) or mild cerebral palsy may not become apparent until developmental delays emerge. The statute of limitations might be extended under Florida’s “delayed discovery” rule. Speak with a local birth injury attorney right away to assess eligibility.

5. What compensation can my family receive for a birth injury in Miami?

You may be entitled to compensation for medical bills, lifelong care costs, loss of future income, special education needs, pain and suffering, and parental emotional distress. Miami birth injury verdicts and settlements often reflect the lifelong impact of the injury.

6. How much does it cost to hire a Miami birth injury lawyer?

At Rafaeli Law PLLC, we work on a contingency fee basis, meaning you pay nothing upfront, and we only get paid if we win your case. This allows families across South Florida to access skilled legal representation without financial risk.

7. What are the most common preventable birth injuries in Miami hospitals?

In Miami, frequent preventable injuries include brachial plexus damage, skull fractures, brain hypoxia, and jaundice complications. These often result from poor monitoring, rushed deliveries, or improper tool use at area hospitals such as Jackson Memorial or Baptist Hospital.

8. Are birth injury lawsuits different from other medical malpractice claims?

Yes. Birth injury cases involve unique challenges, including proving long-term harm to a newborn and estimating future costs over a lifetime. They often require pediatric neurology experts, economic loss projections, and extensive medical documentation, all of which our Miami legal team can handle on your behalf.

Schedule a Consultation

Get a Free Consultation

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

info@rafaelilaw.com

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