Birth injuries are devastating, impacting families physically, emotionally, and financially. In some cases, these injuries are unavoidable, but when they result from medical negligence, families may have legal recourse. Florida law allows parents to file a medical malpractice lawsuit to seek compensation for damages resulting from birth injuries caused by negligent healthcare providers. This blog outlines the essential steps involved in filing a birth injury medical malpractice case in Florida.
1. Understanding Birth Injury and Medical Malpractice
A birth injury refers to harm sustained by an infant during the birthing process, which can range from minor bruises to severe, lifelong disabilities. Common examples include cerebral palsy, Erb’s palsy, brain injuries due to oxygen deprivation, and fractures.
Medical malpractice occurs when a healthcare provider (doctor, nurse, or hospital) fails to provide the standard of care expected in the medical community, leading to injury or harm. To succeed in a birth injury medical malpractice case, you must prove that the provider’s negligence directly caused the injury.
2. Statute of Limitations in Florida
In Florida, birth injury cases fall under the state’s medical malpractice laws, which have strict time limits for filing. Under Florida law, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date the injury was discovered or should have been discovered. However, there is a hard cap of four years from the date of the injury, regardless of when it was discovered, unless fraud or concealment is involved.
For birth injuries, exceptions may apply. If the victim is a minor, the statute of limitations may be extended until the child’s eighth birthday, allowing more time for the family to file a lawsuit.
3. Pre-Suit Requirements: Investigation and Notice
Before filing a lawsuit, Florida requires potential plaintiffs to follow a pre-suit investigation process. This step ensures that only valid claims move forward, helping reduce frivolous lawsuits.
The process includes:
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Investigation by Plaintiff’s Attorney: The attorney must conduct a thorough investigation of the claim, gathering medical records and consulting with qualified medical experts. These experts will review the case to determine if the healthcare provider breached the standard of care and if that breach caused the injury.
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Notice of Intent to Sue: Once the investigation confirms negligence, the plaintiff’s attorney must send a Notice of Intent to Sue to the healthcare providers involved. This notice includes the details of the claim and a summary of the evidence showing malpractice.
The healthcare providers have 90 days to respond. During this period, both parties can engage in settlement negotiations. If the healthcare providers deny the claim or fail to respond, the plaintiff can proceed with filing the lawsuit after the 90-day period.
4. Filing the Lawsuit
If the pre-suit process does not result in a settlement, the next step is to file a formal lawsuit in court. This requires drafting and submitting a complaint that outlines the details of the claim, the negligent actions of the healthcare provider, and the damages sought.
5. Proving Medical Negligence
To succeed in a birth injury medical malpractice lawsuit in Florida, the plaintiff must prove the following elements:
- Duty of Care: The healthcare provider owed the patient (mother and child) a duty to provide competent medical care.
- Breach of Duty: The provider failed to meet the accepted standard of care.
- Causation: The breach of duty directly caused the birth injury.
- Damages: The injury resulted in damages such as medical expenses, future care costs, pain and suffering, and loss of quality of life.
Expert testimony is crucial in proving these elements, as the courts rely heavily on medical experts to explain how the standard of care was violated and how that violation caused the injury.
6. Compensation Available in Birth Injury Cases
If successful, a birth injury medical malpractice lawsuit can result in compensation for various damages, including:
- Medical expenses: Past and future medical care related to the birth injury.
- Rehabilitation costs: Physical therapy, occupational therapy, and other rehabilitation services.
- Pain and suffering: Compensation for the emotional and physical suffering endured by the child and family.
- Loss of future earnings: If the birth injury leads to permanent disabilities, compensation may cover the loss of the child’s future earning potential.
- Home modifications and care costs: If the child requires long-term care, the family may receive compensation for home modifications and professional caregivers.
7. Choosing the Right Attorney
Given the complexities involved in birth injury cases, it is crucial to work with an experienced medical malpractice attorney. Your attorney will handle the pre-suit investigation, gather expert testimony, and guide you through the litigation process. In Florida, attorneys typically work on a contingency fee basis, meaning they are only paid if you win your case.
Conclusion
Filing a birth injury medical malpractice case in Florida involves navigating intricate legal requirements, from pre-suit procedures to proving negligence in court. Families impacted by birth injuries need to act within the statute of limitations and work closely with an experienced attorney to build a strong case. While no amount of compensation can undo the harm caused, a successful lawsuit can provide the financial support needed to care for the child’s future and hold negligent healthcare providers accountable.
If you suspect your child’s birth injury resulted from medical negligence, consult a Florida medical malpractice attorney to explore your legal options.
Has your child suffered a birth injury? Contact Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
