You may qualify to file a medical malpractice lawsuit against a negligent doctor, medical facility, or other healthcare practitioner if your child suffered birth injuries. You may be entitled to recover compensation for medical bills, pain and suffering, and more.
To get help from a Florida birth injury lawyer and discuss your legal options for a birth injury case, call Chalik&Chalik Injury Lawyers at 855-529-0269. We work on a contingency fee basis, so you owe us no attorney’s fees unless you recover compensation.
Find birth injury lawyers in Fort Lauderdale or if you may have a birth injury case in Miami, go to our Miami birth injury lawyer page. Find our Plantation birth injury lawyer page if you live in Plantation, Florida.
Proving Liability in a Birth Injury Lawsuit in Florida
A successful birth injury case must establish that the defendant – usually a medical professional or medical facility – was negligent and caused your child’s birth injuries. Your case must prove these four things:
There must be a doctor-patient relationship in order to file a malpractice lawsuit. If a doctor was involved in your or your child’s care, then a doctor-patient relationship likely exists.
Defendant Violated Standard of Care
Your case must establish that the defendant did not adhere to an acceptable standard of medical care. That is, the defendant did not act in a reasonable manner expected of other practitioners under the same circumstances.
Florida Statute § 766.102 says, “The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonability prudent similar health care providers.”
In other words, your case must prove that the defendant was negligent.
Defendant’s Negligence Caused Birth Injuries
We must establish a link between the defendant’s medical negligence and your child’s birth injuries. Further, your case must “show that the injury was not within the necessary or reasonably foreseeable results of the surgical, medicinal, or diagnostic procedure constituting the medical intervention,” according to Florida Statute § 766.102.
Your Family Suffered Damages
Finally, your case must establish that your family has suffered damages – e.g., medical bills, pain and suffering – because of the birth injuries caused by the defendant’s negligence.
Florida Birth Injury Lawyer Near Me (855) 529-0269
For a free legal consultation with a lawyer serving Florida, call (855) 646-5468
We Can Help You Prove Liability for Your Birth Injury Case
Our team retrieves and compiles evidence to establish the various elements of a medical malpractice case. We can retrieve your and your child’s medical records, which we will use to evaluate the care provided by the defendant and build a case that proves liability.
To help us, we may work with medical experts who can offer opinions and testify about the standard of care, the care provided by the defendant, and whether the defendant’s actions caused your child’s birth injuries.
Eyewitnesses may also provide useful information about your case. If so, we can contact eyewitnesses and secure their testimony.
Personal Injury Lawyer Near Me (855) 646-5468
Causes of Birth Injuries
We will help you build a case that establishes how the birth injury happened. Some causes of birth injuries include:
- Misdiagnosis or failing to diagnose a medical condition in mother or child, such as preeclampsia
- Surgical errors during C-section
- Negligent use of assistive devices (vacuum extraction or forceps)
- Improper use of other medical equipment
- Failure to sanitize equipment
- Poor training
- Machine failure
- Other physician negligence
Your case must not only establish that a medical professional was negligent; it must also prove that the negligence led to your child’s birth injuries. Get help from a birth injury attorney at Chalik&Chalik Injury Lawyers.
Types of Birth Injuries
|● Palsies including Erb’s and Klumpke’s||● Shoulder dystocia|
|● Mother or infant bleeding||● Failure to recognize birth defects|
|● Umbilical cord complications||● Maternal or fetal infection|
|● Maternal health complications||● Placental abnormalities|
|● Brain injuries||● Cerebral palsy|
|● Cephalohematoma||● Fetal distress or lack of oxygen|
Whatever your child’s birth injury, please call us to review your case. We offer free consultations. Call 855-529-0269 to get help from a Florida birth injury lawyer.
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Recoverable Damages in a Florida Birth Injury Case
The recoverable damages in a birth injury case vary depending on the severity of the birth injury and its effects on your child and your family.
Some of the damages your family may recover in a birth injury case include:
- Medical, hospital, and surgical bills
- Medication costs
- Physical therapy costs
- Nursing care
- Other out-of-pocket expenses
- Pain and suffering
- Permanent disability
You may be able to recover compensation for your lost wages if you have to miss work to care for your child. Please consult a birth injury lawyer from our firm for help identifying all the recoverable damages for your case.
We Can Fight for a Fair Birth Injury Settlement or Judgment
Our personal injury lawyers will identify all the costs associated with your child’s birth injury. We will also evaluate the noneconomic effects of the birth injury, such as pain and suffering or the effects of permanent disability due to your child’s injury or medical condition.
We may gather evidence such as the following to help establish the value of your damages and obtain a fair settlement or judgment:
- Hospital and medical bills
- Receipts for medical care provided
- Medical records
- Proof of lost wages
We can also work with expert witnesses who can testify about the ongoing financial, physical, and emotional effects of your child’s birth injury. Some of the experts we may work with include:
- Medical experts
- Vocational specialists
- Life care planners
Act Before the Statute of Limitations Expires
You have a limited time to file a birth injury lawsuit. In most cases, the statute of limitations for a Florida medical malpractice case is two years from the date of the incident or two years from the date the injury was discovered, according to Florida Statute § 95.11. But, generally, no lawsuit may be filed more than four years after the date of the incident that caused the injury.
However, in medical malpractice cases involving young children, the four-year statute of repose does not prevent bringing an action before a child’s eighth birthday.
Please consult a Florida birth injury lawyer for help with your case to ensure you meet all applicable deadlines. Additionally, the sooner you contact us, the sooner we can get to work retrieving evidence and building your case.
Call Chalik&Chalik Injury Lawyers at 855-529-0269 for your free consultation.