Florida Birth Injury Lawyer
Birth injury cases are a serious matter with a cap of $500,000 in the state of Florida. They are also one of the most difficult kinds of cases to win.
A Florida birth injury lawyer can be crucial for not only winning your case but negotiating for the maximum settlement that you deserve. Don’t let the hospital bully you into a premature settlement or stick you with additional medical bills due to their negligence or malpractice by their doctors, nurses, or other medical staff.
Types of Birth Injury Cases
We Handle
D2law is ready to assist you with your birth injury case. Our experience with a range of common and uncommon injuries will help you understand the process, strength, and value of your case.
Contact us for a free consultation where we can learn more about your case and explain your legal options. Below are some common birth injury cases we can assist with, in addition to others.
Common Causes Of
Birth Injuries
Common examples of birth trauma and pregnancy complications include:
- Complications from or delay of C-section (including injuries to the mother)
- Perineal tears for the mother
- Birth canal or prolapse issues for the mother
- Lack of oxygen to the baby can cause brain damage
- Cerebral palsy from oxygen deprivation
- Spinal cord or nerve damage from excessive pulling
- Shoulder dystocia during vaginal delivery
- Bone fractures or damage to the skull of the baby
- Improper use of tools, medication, or techniques during the delivery process
- Failure to properly monitor the baby’s or mother’s condition during or after delivery
These are just some common causes of birth injuries that can occur to both mother and child. Some of these injuries are temporary, while some can cause permanent disabilities, such as cerebral palsy or even wrongful death.
What areYour Medical
Malpractice Rights?
Patients have a right to expect appropriate and adequate care from their medical professionals. Failure to provide proper and reasonable care may hold medical professionals negligent and liable for injuries or other negative results of their treatment (or insufficient treatment).
Factors of a Birth Injury Claim
Birth injury cases, as with most medical malpractice claims, carry a high burden of proof for the plaintiff. In fact, medical malpractice cases statistically go in favor of the defendant. To build a strong birth injury claim, you need to include the following factors:
- The defendant had a duty to provide proper medical care
- The defendant breached that duty by failing to provide acceptable care
- That breach of duty led to injury or other damages
- The compensatory damages the defendant is responsible for
An attorney is also instrumental in building a solid case and knowing what you need to win.
Breach of Duty by Your Doctor or Physician
To win a birth injury case, it is essential to establish that the responsible party had a duty to uphold and failed to do so. This is known as a breach of duty.
Medical professionals have a duty to perform their work to an appropriate standard of care. For example, an obstetrician should be proficient at all tasks involved in delivering a baby and perform them the way any reasonable professional in their field would.
Failure to do so can cause injury or other complications and be considered negligence or malpractice. Oftentimes, a personal injury lawyer will retain medical experts who will sign an affidavit and testify against any wrongdoing by the defendant.
Damages in Florida Birth Injury Claims
Common damages included in birth injury claims include:
- Medical expenses (including past, present, and future care)
- Lost wages and earning potential
- Necessary home modifications (such as wheelchair ramps)
- Loss of quality of life (for child and family)
- Pain and suffering (for the child)
- Mental anguish (for the family)
Since birth injuries may require significant medical treatment and lifestyle changes, the economic and non-economic damages can be substantial.
Filing A Birth Injury Claim In Florida With Personal Injury Attorney
It is the plaintiff’s responsibility to prove malpractice or negligence in a personal injury case. They must also have proof of any injuries and damages for which they seek financial compensation.
Birth injury cases are no different. These often fall under the medical malpractice category, which, unfortunately, are not easy cases to win.
A personal injury attorney can be a great help in filing your case and gathering the evidence you need. They also know how the process works, including the time frame in which you need to take legal action and file your case.
Statute of Limitations in Florida Birth Injury Cases
Generally, the statute of limitations for medical malpractice in Florida is two years. For birth injuries, you may be permitted two years from the time the injury was noticed (rather than when it was caused). The total time should not exceed four years, and it can be countered that the injury should reasonably have been noticed sooner.
The best practice is to act within the initial two years from the time of injury to avoid any complications.
Why You Should Hire Our Florida Birth Injury Lawyers
If you suspect the mother or child was injured during the birthing process through negligence or malpractice by a hospital or medical professional, contact D2law right away. Our medical malpractice attorneys can provide you with a free consultation to better understand your case and your rights.
You should hire a personal injury lawyer right away so that essential records can be acquired as soon as possible and your recollection is at its freshest. Having a law firm on your side can significantly increase your chance of success and recovering a fair settlement for your case.
Frequently Asked Questions
What is medical negligence in law?
Medical negligence law assumes that medical professionals have a standard duty of care they must meet. Failure to provide appropriate and adequate medical care can be deemed negligent. Examples include:
-Medical errors
-Misdiagnoses
-Mistakes in Treatment
-Surgical mistakes
-Poor patient management
-Avoidable injuries
It is assumed that medical professionals are proficient in their abilities. Failures leading to injury or suffering can be considered negligence.
Can you sue a hospital in Florida?
Yes, you can sue hospitals and individual medical professionals in Florida.
What is the average medical malpractice settlement in Florida?
Medical malpractice lawsuits cap at $500,000 in Florida in most cases. The average settlement is roughly half that amount, though the results can vary wildly and are historically not easy cases to win.
What is a birth injury lawsuit?
A birth injury lawsuit is a civil case seeking financial compensation for injuries sustained as a result of negligence or medical malpractice as part of the birthing process.
How far back can you claim medical negligence?
Medical negligence in Florida has a statute of limitations of two years. In cases where the injury wasn’t discovered until later, this can be extended to four years. But to be safe, it is best to contact an attorney as soon as possible and within the two-year mark.
Note that the time starts when the injury is noticed, not necessarily the time it occurred. Still, it can be argued that an injury should have been caught sooner, so don’t delay.
What is childbirth negligence?
Negligence can happen at any time during childbirth. In short, medical professionals such as doctors, nurses, or midwives have a standard of duty they need to meet. If they fail to act in a way that a reasonable member of their profession should, which leads to injury, they can be found to be negligent and at fault.
Should I agree if the hospital offers a settlement?
Not without first seeking legal counsel from an experienced birth injury attorney. In most cases, a hospital will offer a settlement to reduce their financial liability and have you waive your right to any future claims. Contact a Florida birth injury lawyer before making any such agreements or signing any papers.
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D2 Law
Nicole Denmon &
Christian Denmon
Our award-winning trial attorneys have earned a reputation for zealous advocacy on behalf of our clients – both in settlement negotiations and jury trials.
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Christian Denmon
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