You might be eligible for compensation if medical malpractice is to blame for your newborn’s birthing injuries.
Examples of Medical Malpractice
There are many things that can lead to newborn injuries. Medical malpractice is just one of the causes. Actions that would fall within medical malpractice may include:
- Improper training of hospital staff
- Failure to monitor fetal vitals
- Insufficient oxygen levels
- Improper medication of the mother
- Improper use of hospital equipment
- Failure to follow delivery procedures
Determining If Your Child’s Injuries Are From Medical Malpractice
It is not always easy to tell who is at fault when a newborn suffers injuries. There are risks with any medical procedure and problems do not always indicate medical malpractice.
If your newborn’s injuries were caused by a preventable mistake, however, then you might be eligible for compensation. We will assist you in collecting the necessary documentation to determine who is at fault.
Rovering Damages in a Birthing Injury
Medical mistakes can leave your baby with permanent life-threatening medical conditions that are expensive. Florida allows the following costs to be covered under a medical malpractice claim:
- Child’s medical expenses
- Hospital bills
- Home adjustments to accommodate a lifelong medical condition
- Pain and suffering
- Lost wages
- Childcare costs
Time Limits on Filing a Medical Malpractice Case
Seeking compensation may not be the first thing on your mind after your newborn baby suffers severe injuries. However, it is important to begin the lawsuit process as soon as possible. Under Florida law §95.11(4)(b), medical malpractice lawsuits must begin within two years from “the time the incident is discovered.”
Some situations can shorten the statute of limitations, while others can extend it. For example, if the hospital in question is government owned there may be a unique statute of limitations. If the parents were not aware that medical mistakes led to their child’s health problems, they may have up to four years to file a medical malpractice lawsuit.
With varying time restrictions, it is important to discuss your case with a medical malpractice lawyer as soon as possible.
Exceptions to the Statute of Limitations
Tony’s Law is the one exception to the four-year statute of limitations. This law applies to medical malpractice cases that occurred after July 1, 1996. It extends the statute up to the child’s eighth birthday. However, if the parents should have known that the injuries were caused from birth, they are not eligible for Tony’s Law.
The Elements of a Medical Malpractice Case
Florida’s medical malpractice laws cover any errors during a medical procedure, including childbirth. In order to demonstrate medical malpractice, we must establish these important factors:
- Duty of care: We must demonstrate that the health care provider had a legal duty of care. Medical practitioners have a standard duty of care to their patients.
- Breach of Duty: We must demonstrate that this duty of care was not followed.
- Causation: We must provide evidence that the negligent activity led to the babies’ personal injuries.
- Actual Damages: Finally, we must demonstrate that there were actual damages sustained. These are the costs that we will seek compensation for.
It is our responsibility to demonstrate negligence against the defendant. We will assist you in collecting these supporting documents:
- Parent statements
- Medical records
- Medical practitioner statements
- Medical expert witness statements
Florida requires that medical malpractice cases involving a newborn have an affidavit. An affidavit is a sworn oath, or statement, from a medical professional. Because the medical industry is so complex and requires in-depth training, the judge will often call on expert statements from external medical professionals.
How a Medical Malpractice Lawyer Can Help
Medical mistakes can quickly ruin a moment that is supposed to be joyous. It is important that you have legal representation with your best interest in mind. We will fight for you and your child while you focus on the health of your newborn. If you want to know more about your legal options when your baby suffers birth injuries in Florida, schedule a consultation with Chalik & Chalik Injury Lawyers.
Call to speak with one of our birth injury lawyers at at 855-529-0269.
For a free legal consultation, call (855) 529-0269