Birth Fracture Attorney in Delray Beach

Direct Attorney Guidance for Delray Beach Birth Fracture Claims

A newborn fracture may call for a careful review of the decisions made during labor and delivery. Samuel M. Yaffa P.A. handles birth injury matters within our medical malpractice practice, including claims involving hospitals, doctors, and other healthcare professionals.

Samuel Yaffa, our sole practitioner, works directly with clients and remains personally involved in their cases. He brings more than two decades of experience representing injured clients in Florida and helps families determine whether the circumstances surrounding a birth fracture warrant further investigation.

Call (561) 786-3056 to request a free evaluation of a Delray Beach birth fracture claim.

Newborn Birth Fractures & Warning Signs

Fractures sustained during labor or delivery may affect several bones:

• The clavicle, or collarbone.
• The humerus in the upper arm.
• The femur in the thigh.
• The skull.

A clavicle fracture is among the most common birth-related bone fractures. Symptoms don’t determine whether malpractice occurred, but they can indicate that a newborn needs medical assessment.

Possible signs of a newborn clavicle fracture include:

• Limited or absent movement of the affected arm.
• Discomfort when the shoulder or arm is touched.
• Swelling or bruising near the collarbone.
• A noticeable lump at the fracture site.

Newborn clavicle fractures may be treated with conservative care. Severe or undiagnosed fractures can be associated with reduced arm mobility or nerve-related weakness, so qualified medical professionals should evaluate the child’s condition and follow-up needs.

When a Delivery Fracture May Involve Negligence

A fracture alone doesn’t establish medical negligence. A malpractice inquiry examines whether the providers met the applicable standard of care, meaning the level of care a reasonably careful provider would have delivered under similar circumstances.

Shoulder dystocia occurs when a baby’s shoulder becomes stuck during delivery, and it can be associated with clavicle fractures. The medical records may show how the delivery team recognized and responded to this complication.

Conduct that may require investigation includes improper use of forceps or vacuum extraction, excessive pulling or twisting, and failure to perform a timely C-section after complications arise. Whether an action was negligent depends on the delivery circumstances and supporting medical evidence.

Florida Deadlines for Birth Fracture Claims

Florida medical malpractice claims generally must be filed within two years after the incident was discovered or reasonably should have been discovered. A statute of repose, which creates an outside filing limit regardless of discovery, generally bars claims more than four years after the incident. Exceptions can change these deadlines.

Florida’s Tony’s Bill may permit a minor’s medical malpractice claim to be filed until the child’s eighth birthday. That exception doesn’t automatically apply in every situation, so families shouldn’t rely on the child’s age alone when assessing the time available.

Florida also imposes requirements before a medical malpractice lawsuit can proceed. The claimant must conduct a good-faith investigation, obtain a verified written opinion from a qualified medical professional, and provide a notice of intent to sue to each prospective defendant.

NICA has a limited role in these cases. The Florida Birth-Related Neurological Injury Compensation Association program is a no-fault system for qualifying brain or spinal cord injuries caused during labor, delivery, or immediate post-delivery resuscitation. Bone fractures fall outside that program and may instead remain subject to a standard medical malpractice claim.

Losses a Birth Fracture Claim May Cover

When negligent care caused a newborn’s fracture, a claim may address losses such as:

• Medical bills, including follow-up care.
• Rehabilitation and physical therapy.
• Future medical expenses connected to the injury.
• Pain and suffering.

The available compensation depends on the evidence and the losses attributable to the negligent care.

Our Birth Fracture Case Review Process

We begin by reviewing the available medical records and the circumstances of the delivery. These materials help us determine what occurred, how healthcare providers responded to complications, and whether the care may have fallen below the applicable standard.

If the facts support further action, we guide the family through Florida’s pre-suit requirements and explain each step before a lawsuit can move forward.

We keep clients updated throughout the legal process and help them secure necessary medical treatment. Families also communicate directly with Samuel Yaffa about their representation.