The Financial Impact Of A Birth Injury
Raising a child with a birth injury often involves a variety of expenses. Most families are not financially prepared to account for these expenses. Severe permanent conditions like cerebral palsy can have a lifetime cost over $1 million.
Some common examples of the financial costs of a birth injury include:
- Frequent doctor’s appointments
- Adaptive devices (e.g. prosthetic limbs, braces, wheelchairs, etc.)
- Handicap-accessible home renovations
- Vehicles with wheelchair ramps
- Daily care-takers
It’s normal to wonder how your family will afford these new expenses. Fortunately, a medical malpractice lawsuit can provide financial compensation for both economic and non-economic damages (such as pain and suffering).
Florida’s Medical Malpractice Laws
Like every other state, Florida has their own laws regarding medical malpractice lawsuits. Be aware that these laws are complex, especially for birth injury cases. However, the right lawyer will understand how these laws work and represent you throughout the legal process.
Time Limit For Filing A Lawsuit
Every state has a time limit for all types of lawsuits, known as the statute of limitations. Determining when this time clock starts running can be difficult, especially for cases involving minors. Acting quickly and taking legal action as soon as possible is the best way to make sure you file your lawsuit within the statute of limitations.
Notice Of Intent To Sue
Florida law requires medical malpractice plaintiffs to serve their healthcare provider with a notice of intent to sue before the lawsuit can be filed. In this notice, you must include an affidavit from a qualified medical professional (someone in the same field as your healthcare provider), which states that in their opinion, you have a valid medical malpractice claim.
Some states have a cap which limits the amount you can recover in a medical malpractice lawsuit. Florida used to be one of these states, however, a June 2017 Florida Supreme Court decision has ruled that damages caps are unconstitutional. This means that there is no limit to the amount you can recover, both for economic and non-economic damages.
About Filing A Malpractice Lawsuit
If you believe your child’s birth injury was caused by medical negligence, it’s important to speak with a birth injury malpractice lawyer as soon as possible. Any failure of a healthcare provider to practice within the accepted medical standards of their field could be considered negligence.
Examples of situations which could be considered medical negligence include:
- Conducting a vaginal birth when a c-section would be safer
- Ordering a necessary c-section too late
- Mistakes while using forceps, vacuum extractors, and other delivery tools
- Failing to treat a maternal health condition which affects the baby’s health
- Failing to identify and treat fetal distress
- Prescribing medication with harmful side effects for the developing baby
In order to determine if you have a case, it’s best to discuss the details of your situation with an experienced Florida birth injury lawyer. Our lawyers have connections with medical experts who can help validate your claim with their official medical opinions. We’re also prepared to guide you through each aspect of the litigation process, including negotiating settlements and preparing court arguments (if necessary).
We’ll gladly help you plan for your family’s future in a free consultation. We also understand the financial stress of a birth injury, which is why we work on a contingency fee basis – this means you pay nothing until we help you recover the financial support your family needs.