Boca Raton Birth Injury Lawyer

Birth Injury Cases

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The birth of a child is one of the most anticipated events in a family’s life. However, if that event is marred by a birth injury that could have somehow been prevented, the results can have not only physical and emotional ramifications, but also long-lasting financial consequences. Babies impacted by birth injuries may require current and future medical care, therapy, medications, specialized schooling, long-term care and more – all of which can come with a hefty price tag. That’s why our team of experienced legal representatives is on hand, ready and waiting to answer any and all questions that you may have.

The Eltringham Law Group in Boca Raton provides justice to individuals in Florida and across the nation. Birth injuries can impact a child’s and his or her family’s life forever. If you believe that your child has suffered a birth injury due to medical negligence, error or mistake, you may be entitled to compensation and should consider pursuing a medical malpractice lawsuit. With the assistance of a birth injury lawyer, justice can be served. Whether you are concerned about the costs of future medical care, specialized schooling, or a lifelong medication regimen, our team of legal professionals will help you navigate the ins and outs of filing a lawsuit for birth trauma. We will walk you through each step of the process, letting you know more about your options when it comes to pursuing a financial award.

Common Birth Injuries

There are several instances wherein birth trauma and birth injuries could be avoided with more attentive medical care during the birthing process. Common birth injuries include:

Brachial plexus injuries

The brachial plexus refers to a specific grouping of nerves that connect the child’s spinal cord to their hands, arms, and shoulders. If these nerves are torn, stretched, or compressed, injuries can occur.

Erb’s palsy

Erb’s palsy is another nerve condition that can be caused when the brachial plexus is stretched or torn. The resulting weakness and loss of muscle function in the arm or shoulder will continue to pose difficulties for the child throughout their life.

Cerebral palsy

Cerebral palsy refers to the group of motor disabilities that will affect the child’s ability to maintain their balance and move in a typical fashion. Children who are affected by cerebral palsy will often require specialized equipment to walk or move. Their symptoms may also worsen over the course of their life.

HIE (Hypoxic ischemic encephalopathy)

When the baby experiences an interruption to the blood flow and oxygen to their baby’s brain before, during, or after child birthing, HIE can take place. This disorder can also have a damaging effect on the lungs, kidneys, and heart.


There are certain events that can take place during the birthing process that will cause asphyxia if they are not handled properly by the medical professionals on hand. With the correct obstetric and neonatal care, they are avoided entirely. Failure to treat infections in the mother, negligent labor and delivery management, failure to respond to bleeding in a timely manner, and failure to manage prolonged pregnancies are all common causes of asphyxia.

Common Causes of Childbirth Injuries, Mistakes or Failures:

  • Improper use of forceps or vacuum extractors
  • Improper use of labor-inducing drugs
  • Failure to identify and address hypoxia (lack of oxygen to the baby’s brain)
  • Failure to diagnose conditions affecting the placenta
  • Failure to identify birth defects
  • Failure to diagnose diseases or medical conditions of the mother that may affect the fetus
  • Lack of testing that can identify potential risks and problems
  • Delay in performing C-sections if the child is in distress
  • Communication failure between medical professionals

If your child has been injured at birth, we can help. Medical malpractice, negligence and mistakes do not only extend to the physician delivering your baby, but may also cover actions taken or missed by the nursing staff, anesthesiologists, other medical personnel or the hospital itself. In order to have a valid birth injury legal claim, however, negligence must have directly resulted in the birth injury. This can be difficult to prove. However, our personal injury attorneys have extensive experience in building solid birth injury lawsuits when healthcare professionals do not provide a standard minimum level of care.

How is a Birth Injury Lawsuit Proven?

In order to prove medical negligence when a birth injury lawsuit is filed, the birth injury attorney must be able to demonstrate that the healthcare provider on hand was unable to meet the proper standard of care. They must also be able to prove that this failure is the catalyst for any harm that was caused to the mother or her newborn. To successfully prove a birth injury lawsuit, an experienced birth injury attorney may offer a thorough collection of evidence. Evidence includes expert testimonies, medical records, expert testimony, and eyewitness accounts.

What is the Florida NICA?

NICA is a statutory organization. They are responsible for managing Florida state funds that are utilized to pay for the care associated with children and adults that have been born with specific neurological injuries. NICA benefits are currently available to eligible Florida born children on a no-fault basis.

What to Expect With a Birth Injury Claim

When you choose the Eltringham Law Group to represent you following a birth injury, here is what you can expect to happen:

  • We offer free consultations so you can get all your questions answered and can spend time talking directly with an experienced attorney about your rights and expected outcomes.
  • Leave all the work to us. We will be in contact with doctors, hospitals, witnesses, insurance providers, police, attorneys and anyone else necessary to settle your claim. We will thoroughly investigate and will build a solid case so that you are more likely to be awarded additional compensation from insurance companies or other parties.
  • You focus on you. Whether you are still recovering from injuries or are dealing with stress and anxiety, now is the time to focus on your own needs while you leave the details of your case in the hands of experienced attorneys that will get the job done right.
  • We work on a contingent fee basis. This means that you don’t need to lay out any money up front in order to have our injury attorneys work on your case. We don’t get paid unless we recover a financial settlement or jury award for you.
For more information about medical malpractice resulting in birth injury, or to schedule your free consultation, call us today at 561-338-0420.

Common Legal Questions About Birth Injury

Is a childbirth injury a form of medical malpractice?

How do I know if the doctor made a mistake during childbirth?

How long do I have to file a medical malpractice claim that was due to a childbirth injury?

How do I know if I have a claim against the doctor or hospital for a childbirth injury?

What Our Clients Say

Our Reviews

Our clients love the personalized attention we give every case. Read what they have to say:

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5 star review

I usually never leave reviews, good or bad, but for this instance, I most definitely had to. David and Marnie were both AMAZING. They made me feel comfortable and confident in their ability to resolve my case. I was walking in a crosswalk and was hit by a vehicle resulting in having to go to the hospital. I sustained injuries from this that I am still in the midst of dealing with. I contacted the firm and was able to speak with them via zoom immediately. I decided to sign with them on a Monday evening (3 days after my accident) and by Tuesday afternoon (the very next day) my case was settled. And settled for the very max that was able to be obtained. I attribute a lot of this to not only the expertise of the firm, but the relationships that Marnie has built with her experience working as a lawyer within a major insurance provider, which just so happened to be the insurance provider involved in my case. This is incredibly atypical for a case to be settled this quickly, especially with this outcome. It has been two weeks to the day today that my accident has happened and my case has already been resolved. I am blessed and more than happy that I decided to hire this firm. Every case is different, but I can bet that this firm will handle your case with care and the utmost professionalism. I pray I never have to go through a situation like this again, but if I did, I wouldn’t hesitate to call this law firm. Thank you guys very much!!


5 star review

I highly recommend Eltringham Law Group to anyone seeking legal advice after having a car accident. David Eltringham and his entire staff gave me the personal attention I needed during a very difficult and painful time. David took the extra steps needed to ensure that I received the medical care I needed as well as the financial compensation I deserved. Harold Torres, Paralegal updated me every step of the way. Thank you Eltringham Law Group!

Laura Lauri

5 star review

I had such a great experience with Eltringham Law Group! I was always kept in the loop and the experience was so personal. I was always in close contact with Teresa who was an absolute pleasure to work with. I would definitely recommend Eltringham Law Group again and again – I couldn’t have asked for a better experience!!!

Alex Peacock

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Working With Us

Lighthouse™ is a system unique to Eltringham Law Group – Personal Injury & Car Accident Attorneys, it’s what makes us different from other personal injury attorneys. We built this program to hold our own attorneys accountable and make sure our clients are getting the care and consideration they deserve.

sign up phase 1

Client Onboarding
Client Onboarding

The client meets with our Lighthouse Concierge Team to discuss the details of their potential case. A dedicated Lighthouse Team Member is assigned to the case to gather information and maintain constant communication with the client.

discovery phase 2

Investigation Case Analyzer
Investigation Case Analyzer

The assigned Lighthouse Team Member gathers and assess all information related to the case. A majority of the information is processed, paperwork is submitted and any questions/concerns the Lighthouse Team has for the client are clearly communicated and addressed.

Client Success Maximizer 3

Client Success Maximizer
Client Success Maximizer

The client meets with their Lighthouse Concierge Team Members to conduct a full review and explanation of the process. Both legal and medical records are reviewed and our team sets realistic and achievable expectations for the client.

Phase 1 Medical 4

Phase 1 Medical
Phase 1 Medical

The client is undergoing treatment at this point of the process and the Lighthouse Concierge Team maintains consistent communication to monitor the treatment scheduled. Additional medical referrals and testing may be required at this point if recommended by the current medical provider.

Phase 2 Medical 5

Phase 2 Medical
Phase 2 Medical

The client finalizes initial medical treatments that may include referrals to specialists, medical procedures, further testing and/or additional treatment recommendations by their medical providers.

Resolution or Litigation 6

Resolution or Litigation
Resolution or Litigation

The Lighthouse Concierge Team is in communication with those involved with and/or responsible for the damages incurred in your case. Two possible outcomes at this stage are 1) an achieved settlement agreement or 2) the inability to achieve a fair settlement that will result in the Eltringham Law Group filing a law suit on your behalf.

Post-Settlement Process 7

Post-Settlement Process
Post-Settlement Process

The case has completed and an agreement/resolution has been achieved with maximum in the best interest of the client. The Lighthouse Concierge Team meets with the client to fully explain the results and work diligently to finalize their case.

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