Our Birth Injury Attorneys are Ready to Help Brevard County Families
No family should have to cope with the emotional and financial consequences of a birth injury. Florida’s medical malpractice laws offer you the opportunity to pursue economic recovery when someone else’s negligence causes harm to your child. A birth injury claim or lawsuit may entitle you to damages such as medical expenses, lost income and more.
As parents, we respect and understand the complexities of your case. We strive to offer you crucial details to empower you to make decisions for your family’s well being. Below, please find answers to some of the more commonly asked questions about birth injury cases in Florida.
What must I prove in a birth injury action?
Birth injury claims are based on the assertion of medical malpractice or medical negligence. Your claim must prove your child’s medical care providers acted with negligence. You also must prove this negligence was the direct cause of your child’s injury.
Among the most important factors to establish are:
- the defendant owed your child a standard duty of care;
- the defendant failed to meet the standard duty of care (as established in relevance to your child’s birthing circumstances); and
- the defendant’s actions or lack thereof were the cause of your child’s injury or birth trauma.
Further, Florida statute 766.203 establishes a requirement for a pre-lawsuit investigation for all actions based on medical malpractice or negligence. This investigation must establish there are reasonable grounds for pursuing compensation in a medical malpractice action.
What compensation can I recover in a birth injury action?
A birth injury claim or lawsuit will pursue recovery for damages associated with your child’s injuries. Potential damages may include:
- medical costs (including hospitalization, diagnostic tests, prescriptions, surgery, physical therapy, long-term care and so on);
- pain and suffering;
- lost income (applicable for lost wages that are a direct result of your child’s birth injury);
- out-of-pocket expenses (such as assistive devices, in-home care and other expenses);
- permanence of injuries; and
Other factors may become relevant as you and your attorney calculate the value of your claim. This includes factors like scarring, disability and the emotional distress associated with an injury.
How soon must I file a birth injury claim?
Florida’s statute of limitations for medical malpractice cases – such as birth injury actions – is outlined in Florida statute 95.11. This statute typically provides just two years in which to file a medical malpractice claim.
This timeline is extended to four years for cases in which a victim could not be expected to identify the injury prior to the expiration of the two-year limitation. An additional exception applies in most birth injury cases. In these circumstances, the statute allows until your child’s eighth birthday to initiate a lawsuit.
Who can I sue for my child’s birth injury?
A birth injury claim seeks to hold all liable parties accountable for acts of negligence or professional malpractice. You may have the right to file suit against:
- delivery room staff;
- hospital; and
A thorough investigation may uncover all potential liable parities. This, in turn, maximizes the potential value of a claim.
Will I be able to afford to hire a birth injury lawyer?
Many law firms – including our own – offer services based on a contingency. This means you pay only if you recover money in a settlement or award. The lawyer then collects a previously agreed-upon percentage of the settlement. This model allows families of all means to pursue financial justice for injured children.
Our firm offers complimentary and confidential case evaluations to families in Brevard County. We even offer home or hospital visits. Call our offices to learn more – 855-971-1701.