Are There Alternatives to Litigation in a Florida Birth Injury Case?

What’s supposed to be the most exciting and joyous moment in any new parent’s life can quickly become traumatic if a birth injury occurs. Birth injuries are prevalent, affecting 1 out of 100 births.

If you have experienced a birthing injury, you might be wondering what your options are to seek justice for what happened during this vulnerable time. While the most common course of action is filing a lawsuit, other options are available for grieving parents who might not want to litigate in court. 

Here is everything you need to know about handling a birth injury outside of litigation. 

What Is a Birth Injury?

A birth injury is when a baby is harmed during birth. This can cause birth trauma for the baby’s mother, especially if the baby has extreme aftereffects from the injury. 

Birth injuries can be caused by a variety of factors. Some include the size of the baby or the position they are in during birth. One of the largest causes for a birth injury is birth forceps, a tool doctors sometimes use to help guide the baby out of the birth canal. 

Forceps can cause severe injury to the baby, such as bruising, paralysis, brain injury, and more. There are even some instances where birth injuries have caused cerebral palsy due to the pressure and force that is placed on the baby’s brain. 

Some brain injuries are not noticeable right away, but rather show up a few days after returning home from the hospital. If you suspect your baby has a birth injury due to negligent care during birth, you should seek medical attention right away. 

Are Other Options Besides Litigation Possible?

If you know your baby has suffered from a brain injury, you can take legal action. You can file a medical malpractice claim for the injury, but if you would prefer to keep your legal matters out of court, know that there are other options available than just litigation in West Palm Beach, Florida. 

Dispute resolution can be broken down into categories when trying to seek a resolution for what happened to you and your family. Here are your potential options you can take with the help of a West Palm Beach Birth Injury Lawyer.


Mediation is a relatively quick process that is unlike other options because it doesn’t operate quite like court. During mediation, both parties and their attorneys will sit down with a neutral, third-party mediator to try and reach a resolution. 

The mediator in this process is not there to make the final decision alone. They are responsible for listening to both parties and helping both sides reach a conclusion they can both agree to before the situation escalates. The good thing about mediation is that the mediator is unbiased and controls the situation. If the situation starts to get out of hand, the mediator can quickly bring everyone back and try to work towards a fair goal. 


This alternative will only happen if both parties agree to it. In order to undergo arbitration, you and the medical entity must agree to go through the process which includes sitting down with a third-party arbitrator. This matter is handled privately instead of being in the public eye.

An arbitrator will sit down with both parties and their attorneys and listen to all evidence and findings from both sides. The goal of arbitration is to have a third party make an unbiased decision regarding who may owe another party, as well as how much. 


The last option when seeking a resolution is litigation. This could be your last resort if you have tried mediation and arbitration with no success. Litigation will then take place if you take your case to court. You will then go up against the defendant in front of a jury and judge for the jury to decide what the final outcome should be. 

What To Expect Out of Dispute Resolution

When you go through the process of mediation or arbitration, you work to reach an agreement with the other party. Your attorney will work diligently to gather all sufficient evidence needed to increase your chances of a sufficient outcome. 

Dispute resolution practices without litigation are similar to the court process without it being so public. If you can reach an agreement out of court, it will be much more private. Your attorney should communicate with you before, during, and after the dispute resolution process, so you know what to expect. 

Do You Need the Help of a Birth Injury Lawyer?

There are many factors that go into dealing with a birth injury. The expenses of paying for healthcare due to the injury can be expensive and lead to overwhelming stress. 

If you are going up against a medical entity for a birth injury, you can benefit from the assistance of a birth injury lawyer. Birth injury lawyers are highly knowledgeable about what the legal process entails and have the experience needed to proceed with these kinds of issues. 

Lawyers provide a wide range of services including being your go-to for legal advice and negotiating with the other parties. Here’s what a West Palm Beach Birth Injury Lawyer can do for you:

  • Negotiate for an adequate settlement
  • Collect needed evidence
  • Speak on your behalf during the litigation process
  • Give you the best advice for your next course of action
  • Fight for you to bring justice

Your case could benefit greatly from having an attorney on your side. It is not advised to try and take on your case yourself; let a West Palm Beach Birth Injury Lawyer help you with their extensive legal knowledge and expertise. 

Contact Frankl Kominsky Injury Lawyers Today

Birth injuries are always very traumatic. A whole family can be impacted and if you have experienced a birth injury, know that there are professionals ready to be on your side that want to help. 

Frankl Kominsky Injury Lawyers is a firm of lawyers who are dedicated in helping victims seek justice for wrongdoings, including birth injuries. Deciding to go up against a medical entity can be a big decision, and it’s important to have the right people you can count on. We have been helping residents in West Palm Beach, Florida, for the last forty years, and we could help you too (by appointment only).

If you would like to know more, you can schedule a free consultation by calling (561) 800-8000 or by leaving your information in our case evaluation form online. We will contact you about a day and time to come in that is convenient for you. 

Call Frankl Kominsky Injury Lawyers today to be connected with people ready to represent you during this overwhelming situation.

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