The last thing any parent expects when welcoming their newborn is a potentially life-altering injury. These injuries happen due to medical negligence before, during, or after childbirth. It could be improper use of surgical tools, mismanaged C-sections, or failure to monitor fetal distress.
Such mistakes can lead to severe conditions, including cerebral palsy, permanent brain damage, and spinal cord injuries. If you're considering filing a birth injury claim in Florida, here's what you must know beforehand.
Legalities in Birth Injury Cases
Falling under medical malpractice law, these claims allege that a healthcare provider breached the standard of care during labor, delivery, or prenatal care. They require proof that the provider's negligence directly caused the injury.
Birth injuries are challenging to treat, putting families under great distress and financial strain. The claim can help secure compensation for measurable damages, such as:
- Medical bills and future care expenses
- Therapy and rehabilitation
- Assistive devices and home modifications
- Transportation costs to and from consultations and/or treatments
Additionally, compensation can cover non-economic damages, such as pain and suffering or loss of independence, earning potential, and quality of life. Although intangible, these damages impact the child's and family's recovery.
Pursing A Claim
Get Medical Attention: If you suspect your newborn was injured due to negligence, you must act immediately. Have a medical professional properly examine your child to clarify the extent of harm done.
Case Evaluation and Evidence Collection: Find and schedule a consultation with a reliable medical malpractice attorney. They will ask about your circumstances to determine your claim's validity.
If your child's injury is preventable, they will likely accept and start collecting evidence to strengthen your case and estimate the compensation you deserve. These include:
- Medical records from pre to postnatal care
- Pictures or videos of the injuries
- Correspondence with healthcare professionals
- Testimonies from witnesses and medical specialists
Formal Filing: With sufficient evidence, your lawyer will officially file the claim. Take note that plaintiffs in Florida can file lawsuits two years from when the malpractice happened or was discovered.
However, thanks to Tony's Law, this window was extended so parents or guardians could file lawsuits until the child turned eight. Working with a legal team ensures your claim will be filed within the deadline.
Negotiation or Trial: Your lawyer will negotiate with the defendants and their insurance provider to secure fair compensation on your behalf. Payouts are calculated based on:
- Past and future medical expenses
- Lifetime cost of care
- The severity of the injury
- State limitations on compensation
If a settlement agreement cannot be made, your case may be taken to court and then to trial, though the latter option is time-consuming and risky.
Conclusion
Birth injuries leave lifelong consequences, but legal action can help you secure the resources for your child's care and support. For more information on birth injury lawsuits, don't hesitate to contact Hale Law in Florida. The sooner you act, the stronger your case may be.