Although the birth of a child is generally a safe and happy time for a family, unexpected birth injuries can have a devastating impact on a newborn and their entire family. While some injuries may cause temporary suffering, others have more permanent consequences.
Birth injuries, which may occur during the process of labor or delivery may range from mild conditions such as bruising to broken bones or more severe injuries like brain damage or deformity. Babies who experience a birth injury may have pain for a short period of time, or the course of their entire life may be changed.
When a birth injury occurs due to the negligence of doctors, midwives, nurses or hospitals, a Florida birth injury lawyer may be able to help. Your driven medical malpractice attorney can help you and your family navigate through this uncertain time and work to hold a negligent medical provider accountable.
Damages in Florida Birth Injury Cases
Sometimes birth injuries occur as a result of the negligence of the delivery doctor or other medical staff. In these cases, parents may opt to hire a birth injury attorney in Florida to represent their interests and help them pursue recovery for their damages. Damages generally represent the ways in which the family or the child have been harmed or inconvenienced and may include:
- Current and future medical bills
- Emotional distress
- Loss of companionship
- Mental anguish
- Pain and suffering
Common Birth Injury Case Requirements
Birth injury cases typically fall under malpractice law and are therefore subject to certain procedures. Before a plaintiff or their Florida birth injury lawyer can formally file a lawsuit, a pre-suit notice must be given to the defendant.
Included in this notice should be an affidavit from a medical expert detailing that the birth injury claim has merit. The notice typically must be delivered to all potential defendants in the case and include copies of all medical records the medical expert used to determine that the case has merit.
Pre-Suit Notice Time Limits
Under Florida Statutes §766.106, a prospective defendant who receives a pre-suit notice has 90 days in which to determine if they want to attempt settling the case before the plaintiff files a lawsuit. During these 90 days, the statute of limitations is usually paused.
If the defendant does not want to attempt to settle or attempts made within those 90 days fail, the plaintiff may then file their birth injury case within the next 60 days or before the statute of limitations expires, whichever is later. It is important to note that even if the case proceeds to go to trial, the lawsuit could still settle before going to the judge or jury for a decision. An experienced lawyer can help an individual file a claim within the statute of limitations.
Consult with a Compassionate Florida Birth Injury Attorney
After their child experiences a birth injury, many families face uncertainty over paying for medical bills, addressing costs associated with long-term care, and their child’s ability to reach their full potential. In such a situation, you may find it incredibly beneficial to speak with a dedicated Florida birth injury lawyer.
A qualified attorney can review the circumstances that may have contributed to the injury and work to demonstrate how a negligent party is responsible in court. This could substantially increase your ability to receive compensation, which may assist in addressing financial concerns caused by the birth injury. Reach out and arrange for an appointment today.