Help from an Attorney after a Birth Injury in Boca Raton
Pregnancy, labor and delivery are vulnerable times for a mother and infant. An infant may suffer serious injury – or birth trauma – during the process. This may be a result of natural causes or because of medical malpractice. The implications of such trauma can range from a relatively mild injury to permanent disability.
A birth injury, such as that resulting in cerebral palsy or Erb’s palsy, can lead to significant emotional and financial distress. Parents may feel overwhelmed with medical bills, lost income and concerns about how best to provide for a child’s future. A birth injury claim provides parents the opportunity to seek financial justice and resources to care for a child.
As parents, we understand and respect the overwhelming nature of your situation. We strive to provide information to better help you take control of your family’s welfare. Below, you will find answers to some of the most common questions we hear from parents like you.
What damages are available in a birth injury claim?
Damages in a birth injury claim are intended to address the financial losses associated with your child’s birth injury. This may include:
- medical bills;
- physical therapy;
- pain and suffering;
- your lost wages (accrued while caring for a sick or injured child);
- out-of-pocket expenses;
- permanent disability; and
A lawyer can assess the details of a case to determine a fair and sufficient value for a claim.
How much time do I have to file a birth injury claim or lawsuit?
Florida statute 95.11 typically provides just two years in which to take action after injury suffered because of medical malpractice. However, there are exceptions for minors seven years of age and younger. In this case, you must file a birth injury lawsuit by your child’s eighth birthday.
Who can be liable in a birth injury claim?
A claim may seek recovery from all negligent and liable parties. Potential defendants may include:
- delivery room doctor;
- hospital; and
Identifying all liable parties enables you to pursue maximum potential recovery in a settlement.
What evidence is necessary to prove my claim of medical malpractice?
Evidence is crucial in proving liability in a birth injury claim. Such evidence may include:
- hospital and medical records;
- witness testimony;
- expert testimony;
- employment records; and
Note: Florida statute 766.203 requires all medical malpractice claims to begin with a pre-suit investigation. This step establishes reasonable grounds for a medical negligence action.
Can I afford to hire a birth injury attorney?
Many birth injury law firms – including Chalik & Chalik – offer their services on a contingency fee basis. This means there is no cost to the client unless the attorney settles or wins the case. The lawyer then receives an agreed-upon percentage of the final settlement.
Discuss a law firm’s fee structure and timeline prior to hiring an attorney. Ask for a copy of the fee agreement and ensure you understand any other charges, such as copying costs, transportation fees and other expenses.
Where are you located?
We provide a conveniently located office to better serve our client families in Boca Raton. Our address is 255 Glades Road in Suite 324A, and our office is located with proximity to I-95 and Federal Highway. We also provide home or hospital visits for clients who are unable to travel.
Take advantage of the opportunity for a free – and confidential – case consultation. Call our offices to learn more – 855-971-1701.