Miami Birth Injury Attorney

Birth Trauma Lawyers

Millions of babies are born in the United States each year, but a small percentage of them are born with a birth injury or birth defect. While some of these occurrences are unavoidable, there is a class of birth injuries that all share a common cause: medical negligence. 

The birth injuries that occur because of medical negligence cause unnecessary trauma and pain for children and parents. Worst of all, they are nearly always preventable.

Birth injuries caused by negligence can alter your life and that of your newborn for weeks, months, or longer. They can cause you inconvenience and expenses as you attend extra doctor’s visits, subject your child to additional procedures, and miss time at home for travel and appointments.

When your newborn and your family have been impacted by a carelessly caused birth injury, the Miami birth injury lawyers at Ratzan Weissman & Boldt are in your corner. We are ready to step up for you and your loved ones and will fight to hold negligent doctors, nurses, and other staff responsible for the damage they caused to your family.

Birth Injuries Commonly Caused by Medical Negligence

Certain birth injuries should never happen. The trauma inflicted on a mother and her child through negligence can cause a variety of complications for the newborn. Some of the most common forms of birth injuries caused by negligence include:

Brachial Palsy

The bundle of nerves that run from your newborn’s spinal cord through the shoulder and down the arm can become damaged through an incorrect delivery. Damage to this group of nerves typically happens when the delivery team has trouble delivering the newborn’s shoulder through the birth canal and vagina. 

This nerve damage can lead to a loss of feeling and use of the affected arm, and this issue can be permanent if the nerves are damaged beyond repair.


Too much force or the use of too much suction on the newborn’s head during delivery can lead to bleeding within the layers of the skull, causing a raised bump of blood that will flatten as the blood is reabsorbed. 

This issue can create what appears to be a small crater or indentation in the head that should, over time, disappear. Severe cases of cephalohematoma can persist and will require further medical intervention.

Asphyxia and Brain Damage

Asphyxia occurs when the newborn’s air supply is interrupted, depriving the brain and organs of necessary oxygen. This interruption of oxygen can occur either during the birthing process or immediately after delivery. 

If the umbilical cord becomes wrapped around the child’s neck, if the child is not properly positioned for delivery, or if delivery is labored and too prolonged, the risk of asphyxia increases.

Very short interruptions in the air supply usually do not cause concern. However, a deprivation of oxygen can quickly become a serious medical event that threatens the baby’s life. Prolonged deprivations of oxygen can lead to permanent brain damage for the child.

What Our Clients Say

Ratzan and his firm are patient and explain the process to you as you go along. When I didn’t have a ride to get to the office, they had a driver pick me up. It was so comforting to know that they were taking care of me, taking the burden off my shoulders. RWB Client
I remember the deposition [where] one of the [defense] lawyers asked me "how much money would satisfy you"? This is really not about money and it wasn't about money for Stuart, I realized that - it was really about justice. This is what the trial afforded us - going through the process and getting justice. RWB Client
What I liked most about working with the law firm of Stuart Ratzan was his professionalism and his working team, excellent people as the human beings they are. I saw the human being in him, not just as a lawyer, but as a human being who felt the pain that I was experiencing at that time. It is one of those things that most impacted my life and for that, I am very grateful. RWB Client
From my first phone call to that office up until the end of my case, I felt lucky to have such a strong team on my side fighting for justice for me. They truly cared about me as a person. They treated me like family. RWB Client
They are very professional and kept me informed during the entire process. Mr. Ratzan fought to get us justice and fair compensation for my daughter’s case. I was very pleased and happy with the results. I would definitely recommend him to anyone who is looking for representation, and I am grateful that he handled my case. RWB Client
The first takeaway for me was Stuart's need to understand who we were and what my family was about. He actually came to the island [my home] for about three days to visit to get to know who my Son's friends were. He met his Godmother, he went to my Son's school, and we went to the cemetery to see the grave. To me, that was unbelievable, that an attorney would want to be part of who we were to really understand who it was that he was fighting for. RWB Client
They gave us an explanation and they were very respectful in the way that they treated the manner that I had lost my son and my wife was in very delicate health conditions. They were very respectful in touching on every topic regarding my family, and also the empathy that they had with our case, that I know them and their team of lawyers and their assistants, and they always showed us love, that understanding towards us and our family. RWB Client
Mr. Ratzan and everyone his firm were kind and understanding about what I was going through. They held my hand through the whole process and really made everything as easy as possible. Stuart Ratzan did not just represent me, he defended me and not just the case. RWB Client
What I learned from the case over the period of about 2-3 years that it took, when I felt sometimes that I just wanted to give up and forget about it- there were too many things, what I came to learn is that the process and the extent of the investigations, the research that was done, the experts that were brought in, it gave me a full sense of what really happened with my Son that night. That brings me a lot of comfort, that I got to know exactly what happened and we got justice. RWB Client
I feel very fortunate that my family was able to work with Ratzan Weissman & Boldt as our attorneys during our family’s case. Throughout our case they treated our family with sensitivity, respect and kindness. Going through a malpractice lawsuit can be very emotional on a family, and they always understood and supported us. We never questioned any of the process because we knew they had our family’s very best interest at heart and wanted justice for our son. RWB Client
At one of the most uncertain times in our lives, we reached out to Ratzan law firm. They helped us uncover the truth and fought for our son so that he could get the care he needed due to medical negligence. Ratzan and Weissman were responsive and attentive to our case and working with them, on behalf of our son, was positive and rewarding. RWB Client
One of the things that most impacted me in working with the law firm of Stuart Ratzan was his empathy with my case. I know that as lawyers, they have to understand our case, but it was something very special because they lived through that stage of mine, that process and they were very respectful to me in that stage of pain and everything I was living through, and I could see his human side as a lawyer and as a law firm that they are. RWB Client
Ratzan and his firm are patient and explain the process to you as you go along. When I didn’t have a ride to get to the office, they had a driver pick me up. It was so comforting to know that they were taking care of me, taking the burden off my shoulders. RWB Client
During the worst time in my life, and after losing my son, the Ratzan team embraced me and my family. They actually became my family. I received excellent, professional and warm support from them to which I am very grateful. RWB Client
Working with the Stuart Ratzan team, we wife and I, we were living through a hard time, a dark time in our lives for us, working with the law firm was very...hopeful, and we had faith that our case was going to be solved, that justice was going to be done and we felt very protected, we felt that we were in good hands. RWB Client
As a result of the efforts made by the law firm, it was possible for us to close that chapter in life. It was possible because of all that work that we were able to come to an agreement of a trial and the case was closed, and we received closure on that very sad stage of our life. RWB Client
I felt that emotional support. I felt like they were saying "Don't worry, we are going to fight, we are going to protect you, we are going to get justice for you". All the emotional part, I felt it, I felt it was very, very humane. RWB Client
I am a witness that they did the impossible to search every detail, every piece of evidence in our case, and we truly felt like it was a great blessing to have them as our lawyers and know that they were fighting for our case. RWB Client
I felt that the law firm of Stuart Ratzan, that they were investing their time in my case because, even though it was quite a complex case, very difficult, and we were battling with very powerful and large companies, they dedicated their time and resources to look for even the smallest detail. They put all their efforts, all their experience as lawyers, to find a way out, to find a way towards justice in our case. RWB Client
Q: How was the hiring process? A: It was very easy, we had a meeting and since that first meeting he [Stuart] was very accessible, and I had no doubt I was in the right hands, and in the case of my family, I had no doubt about it from the first meeting I had with him. RWB Client
I, and my whole family, feel that we are blessed that RWB represented us during the most tragic time of our lives. They helped facilitate the legal process in a very professional manner. I always felt their support and protection. I have no words as to how satisfied I am not only with their legal services but also with the case results.

Yo, y toda mi familia, nos senitmos muy benedicidos que ésta firma de RWB nos representaron en un tiempo muy trájico en mi vida. Ellos me ayudaron con el proceso legal muy profesionalmente y muy humanamente. Siempre sentí que ellos me apollaban y me protegían y yo quedé muy satisfecho con los servicios legales y los resultados de mi caso.
RWB Client
Mr. Ratzan took on my case and helped me finalize a fair amount of compensation for me and my girls. I can’t thank him enough. He and his firm fought relentlessly to obtain a successful result and they really care about their clients. I was extremely satisfied with his representation for my case. RWB Client
Stuart and his firm, and I'm adding his firm - not just Stuart - every single member of his staff treated me and my family, or whoever talked to him on my behalf as if they were Every single member of his staff - and that has gone on, it didn't just end when the case ended, it still continues, our relationship with the firm. RWB Client
I was extremely satisfied with the offices of RWB. They obtained a successful recovery for my accident. I felt they cared about me and really wanted to help me. They fought for justice to be fair compensation for the negligence I experienced.

Yo quedé muy satisfecho con la representación del bufete de Ratzan. Ellos adquieron un buen resultado para Mi accidente. Yo me sentí que ellos realmente querián aydarme a recibir un monto justo para el Los daños que me occurrieron.
RWB Client
He made me feel that he really cared about me as a person and understood what I went through. It’s a wonderful feeling knowing that Stuart Ratzan and his firm gave their all to obtain fair compensation for me. I believe they are the best at what they do. RWB Client
What I liked most was the way in which Stuart embraced us, the way in which he made us feel welcomed and that we were the only clients he had. You just got that feeling, you came to the office or you called him he was never too busy, he was never not available. Every single question he would ask you for your decision, he would want to clarify things, he was constantly back and forth telling you what the next steps were-totally transparent, there was not one decision he made without asking for your opinion. RWB Client
One of the main takeaways from the experience I had from the law firm of Stuart Ratzan, one was his professionalism, and the other part was knowing that it was a difficult case [that] they always did their best to make sure that this case was resolved. They were always very clear about any questions our family had regarding the case. RWB Client
Top Case Results

When You Suspect a Negligence-Caused Birth Injury

Hearing news that your newborn suffered a birth injury can be devastating. Unless you possess specialized training or medical knowledge, it may not be immediately obvious to you that your child’s injuries could have been prevented. These are a few signs that could indicate your child’s birth trauma was the result of negligence:

  • Your child was described as healthy throughout your pregnancy and the pregnancy progressed without many issues
  • Something felt off during labor or delivery but your concerns were dismissed
  • Your doctor and nursing staff appeared preoccupied or did not give you and your child an appropriate amount of attention
  • Medical devices like monitors were not looked at or monitored, even when alarms were going off

The presence of one or more of these signs is not conclusive evidence that negligence occurred. When you have a question about whether you have legal rights, the best course of action is to consult with a birth injury lawyer.

Ratzan, Weissman & Boldt is your Miami birth injury law firm, and our child birth injury attorneys are skilled in helping families like yours receive financial compensation for the trauma inflicted carelessly before, during, and after delivery. Whether you are in Miami or elsewhere in the country, let us help you achieve a recovery in your case.

What It Takes to Succeed in a Birth Injury Lawsuit

If you visit with a birth trauma injury lawyer believing that your child was harmed through negligent care, your birth trauma lawyer will undertake an extensive review of the medical records and other evidence in your case. 

The goal of this investigation is simple: to uncover, as nearly as possible, all of the causes and contributing factors that led to your child’s birth injury. Some of the evidence consulted can include:

  • Health records for you and your child, including images and blood tests
  • The doctor’s notes and impressions of your health and your baby’s health
  • The qualifications of your doctor and the staff that assisted them
  • Security camera footage that might show negligent acts being committed

In birth injury cases, it is often helpful to have the available evidence scrutinized by another medical professional or expert. An expert with knowledge in the field is best suited to review the steps your doctor took during your pregnancy and delivery. 

Such a review can identify decisions, impressions, and actions your doctor took that were objectively unreasonable and careless under the circumstances.

This review and evaluation is necessary because no medical professional can guarantee you a pregnancy and delivery without complications. However, your doctor has a legal obligation to provide you with reasonably competent care. What is reasonable and competent will depend on the following:

  • Your doctor’s education, training, and experience
  • The resources available to you and your doctor where you live and receive care
  • The information your doctor knew or could have learned about you and your child
  • The efforts your doctor made to monitor your and your baby’s condition
  • How promptly your doctor took action once there was reason to suspect a problem

Trust the birth injury trauma lawyers at Ratzan Weissman & Boldt to conduct a thorough review of your case and give you an honest assessment of your legal rights.


What Compensation Is Available in Birth Injury Cases?

Any expenses that you and your family incur as a result of the injury, as well as those you are likely to incur in the future, are compensable in a birth injury case. 

This could include immediate and ongoing medical treatment, therapeutic costs, counseling services, and loss or reduction in income earning potential. You can also receive compensation for emotional trauma and mental suffering.

What Is the Statute of Limitations for a Birth Injury Lawsuit?

Once you know or should know your child suffered a birth injury, you have two years from that date to file your suit. No birth injury lawsuit can be commenced more than four years from the date the injury is inflicted or the negligence occurred. This is the statute of limitations in Florida; other states have statutes of limitations that may be longer or shorter.

What Should I Do If I Think My Child Has a Birth Injury?

If you have any concerns about your newborn’s health, seek immediate medical evaluation and care. You may want to do this with a specialist or a doctor other than the one who allegedly committed the medical error. 

At the same time, because of the short statute of limitations, you should also speak with a birth trauma injury attorney as soon as you can.

Our Miami Birth Injury Lawyers Have Helped Many Families

At Ratzan Weissman & Boldt, we don’t believe that any amount of money can adequately atone for a birth injury. Yet if your child has been hurt by a medical mistake, you must choose a law firm that can protect your family’s rights and welfare.

You need a firm that has the legal and medical resources, expertise, and the commitment essential to successfully pursue a birth injury claim. We can help you sort through the most complicated issues to reveal the primary cause.

Contact a Miami Birth Injury Lawyer at Ratzan Weissman & Boldt

We strive to compensate parents for the emotional and financial burden of caring for a child with special needs, or the heartbreak of losing a child.

Most often, the causes of preventable birth injuries are

  • improper or poor technique
  • inappropriate use of equipment
  • wrong (or lack of) action or decision by the physician or medical staff

What distinguishes us from other firms is our ability to take on the most difficult and demanding birth injury cases, confirmed by our record of successful results. For the cases we pursue, we commit our entire arsenal of expertise and resources.

Speak with a Florida birth injury lawyer at Ratzan Weissman & Boldt, or fill out our Free Consultation Form. There is no fee for this initial consultation, and our attorneys will spend whatever time is needed to answer your questions.

Our birth injury lawyers represent clients in Miami, across the state of Florida, and throughout the united states.

Get in Touch or call (305) 374-6366.

Top Birth Injury Case Results

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$46.5 Million Verdict For Toddler In Medical Malpractice Kernicterus Case

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$18 Million Recovery for a Baby Who Developed Kernicterus as a Result of Untreated Jaundice

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$17 Million Recovery for a Young Mother Who Suffered a Traumatic Brain Injury after an Epidural Catheter was Inserted Incorrectly During Delivery

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$11.8 Million Recovery For A Brain Injured Newborn Due To Failure To Timely Diagnose And Treat Kernicterus (Hyperbilirubinemia)

News & Insights

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Brain Injury at Birth: Did Your Baby’s Doctor Make a Mistake?

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What Causes Birth Injuries? Examples of Malpractice

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What Factors Can Impact Birth Injury Settlements?

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How Long After Birth Can You Sue for Malpractice?


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