Birth Injury Attorney

Fort Lauderdale Birth Injury Attorney

Millions Won for Past Clients in South Florida

When you check into the hospital for the birth of your baby, you expect to receive quality care that results in a safe delivery for you and the child. Unfortunately, mothers and newborns can be traumatically injured by the very people who are supposed to help them.

At Schlesinger Law Offices, P.A., we are dedicated to helping mothers and infants who have been harmed by the negligence of a healthcare professional in South Florida. With more than 70 years of combined experience, our Fort Lauderdale birth injury lawyers can help pursue just compensation.

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What is a Birth Injury?

The labor and delivery process is intense and can result in minor injuries to both mother and newborn that are not the result of doctor negligence.

A birth injury happens when the baby or mother is injured because a doctor or other healthcare professional makes a mistake or provides any level of care that is below the accepted standard.

Common Examples of Birth Injuries Include:

  • Improper use of forceps or vacuum extractor
  • Failure to diagnose a prenatal condition, like preeclampsia
  • Failure to recommend inducement if pregnancy is longer than 40 weeks
  • Failure to monitor or recognize signs of fetal distress
  • Failure to recommend or perform a C-section

Our birth injury attorneys in Fort Lauderdale have the resources and proven skill to thoroughly investigate your child’s birth injury and determine who is liable.

OUR Birth Injury results

$32.8 Million


An unborn baby was in distress with his umbilical cord wrapped around his neck. His doctor and hospital medical team ignored signals and tests, which ultimately resulted in severe brain damage including cerebral palsy, spastic legs and arms, mental retardation, kidney failure and other conditions.

$32.8 Million


An expectant mother went into the hospital with complications. Attending physicians did not properly communicate with each other, leading to the baby being born under duress with a diagnosis of Cerebral Palsy.

$32.8 Million


A Palm Beach County jury has awarded $4 million on behalf of a child suffering from severe mental retardation that the family blamed on a delayed delivery in a West Palm Beach hospital more than 11 years ago.

Types of Birth Injuries

A birth injury is any injury to the mother or child that occurs during childbirth and delivery. The onus is often on a negligent OB-GYN, member of the birth team, or other health care provider. Unfortunately, there are a lot of different birth injuries—all of which can turn a moment that was supposed to be full of joy into a traumatic one.

Common Birth Injuries

  • Shoulder Dystocia – Shoulder dystocia is when the baby’s shoulder becomes stuck behind the mother’s pelvic bone. If left unaddressed, the bundle of nerves in the shoulder, the brachial plexus, may be stretched or torn.
  • Erb’s Palsy – The most common type of brachial plexus palsy, Erb’s palsy is when the upper nerves of the brachial plexus have been damaged. A baby with Erb’s palsy will not be able to control the affected shoulder, but they may have the ability to move their fingers.
  • Cerebral Palsy – Cerebral palsy (CP) is often caused by a brain injury during birth, such as due to oxygen deprivation. According to the Centers for Disease Control and Prevention (CDC), CP is the most common childhood motor disability, affecting a person’s balance, posture, and movement. It is a group of disorders, which means everyone’s experience with CP is different.
  • Hypoxic-Ischemic Encephalopathy – HIE involves a combination of oxygen deprivation and low blood flow that causes serious, irreversible brain damage. Babies who suffer HIE can experience trouble eating and breathing, seizures, poor reflexes, and other symptoms.
  • Bone Fractures – Broken bones and fractures are common among newborns, especially to the clavicle/collarbone. Other bones commonly fractured during birth are the humerus, femur, and skull. Indicators that your baby suffered a bone fracture include stiffness, tenderness, lack of use, or if the limb appears bent out of shape.
  • Facial Paralysis – A baby may suffer facial paralysis during birth because too much pressure was put on part of their face. Paralysis may be partial or complete. They may not be able to close their eye(s). It is possible for the baby to regain control of their face (and eyes) if the nerve was bruised, not torn. It is common for facial paralysis to be traced back to the misuse of forceps.

Vacuum Extraction Delivery Trauma

A Vacuum extraction is a medical procedure used to assist in delivery, but if not performed correctly, it can lead to serious complications and injuries to your baby.  A lawsuit involving a traumatic injury during a vacuum extraction may allege medical negligence against a hospital for failure to have policies in place to prevent injuries and against the various physicians and nursing staff due to their failures to adhere to standard safety procedures. 

If your child suffered this type of birth related trauma, you may bring a claim against the at-fault medical providers. 

At Schlesinger Law Offices, P.A., our Attorneys have expertise in vacuum extraction delivery trauma cases and want to help you bring a successful claim. You deserve compensation for your damages, as well as answers regarding what happened and why.

Are Birth Defects and Birth Injuries the Same?

No, they are not the same. However, both birth defects and injuries are often preventable.

What Causes Birth Defects?

Birth defects develop while the baby is in the womb. They may be rooted in alcohol or drug use, genetics, or other risk factors.

What Causes Birth Injuries?

On the other hand, birth injuries happen either shortly before or after birth, or during delivery. They are typically caused by a medical professional’s negligence.

Why Should I File a Birth Injury Lawsuit?

If you are dealing with the aftermath of an injury to your newborn child, the last thing you may be thinking about is pursuing legal action. However, a birth injury lawsuit can be extremely beneficial to you and your baby.

Holding the Negligent Party Accountable

Through the course of investigation and discovery, our Fort Lauderdale birth injury attorneys can determine what caused your child’s injury and who is responsible. By taking legal actions against the negligent hospital or healthcare professional, you can help prevent other families from experiencing the same trauma.

Recovering Compensation to Give Your Child a Better Life

Babies who experience a birth injury may be facing a lifetime of challenges. Some of the most common birth injuries like Erb’s palsy, hypoxic-ischemic encephalopathy, and cerebral palsy, cause permanent physical and mental disability. The cost of treatment and care for these birth injuries can be astronomical, especially when amplified over the course of the child’s life.

By Filing a Birth Injury Lawsuit, You Can Pursue Financial Compensation That Will Help You and Your Family Take Care of Your Child, Including:

  • Medical treatment
  • Physical and speech therapy
  • In-home care services and equipment
  • Special education
  • Loss of quality of life

A Fort Lauderdale birth injury lawyer from our firm can help you determine the full value of your case and pursue maximum compensation from the negligent party. If an acceptable settlement can be reached, we are happy to support our clients in that decision, but if a settlement is not enough to fully cover our client’s expenses, we are not afraid to take their case to trial.

Contact our South Florida Birth Injury Firm

As a parent, making sure your family is cared for is always your first priority—so it’s ours as well. We have the knowledge and experience to help you bring a successful birth injury claim in Fort Lauderdale. If you aren’t sure whether you want to file, and simply want to learn more about your options, we are still happy to provide honest guidance. The choice you make should be yours alone, but we want to make sure you know everything so you can make an informed decision.

Sadly, there are no easy answers when your life has been upended by a birth injury. Our Fort Lauderdale birth injury attorneys fight hard in every case to help families understand what happened so they can find justice and, where possible, push for larger changes to prevent others from experiencing the same thing. Whatever you need, we want to know how we can help.

Schlesinger Law Offices, P.A. is known for meticulous case preparation and aggressive advocacy. Over the years, we have obtained numerous multi-million dollar verdicts, as well as several record-setting verdicts! As a result of our achievements, we command respect in the courtroom. To learn more about your legal options, don’t hesitate to contact Schlesinger Law Offices, P.A.!