After your baby enters the world with an injury that will impact their entire life and yours, you’re in shock and disbelief. If a physician’s negligence caused the injury, you now must take on the burden of pursuing a medical malpractice lawsuit to seek justice and essential financial support. As you lay the groundwork for a lawsuit, you must be aware of Florida’s birth injury statute of limitations.
The statute of limitations is a legal clock that started ticking the day your child was born. If you miss this deadline, you may have no case at all, which could have enormous financial implications for you, your child, and your entire family.
Pursuing a lawsuit may be the furthest thing from your thoughts. You should be focused on your baby and their immediate needs. However, setting it aside could complicate your medical malpractice claim, a type of claim that’s typically harder to win than other personal injury cases.
Birth Injuries and Malpractice Claims
Birth injuries occur before, during, or immediately after a baby’s birth. They are sometimes caused by medical mistakes, which may include:
- Insufficiently trained staff
- Inadequate fetal monitoring
- Improperly medicating the mother
- Improperly using forceps
- C-section complications
- Vacuum extraction complications
- Prolonged labor
The negligent actions or inactions of a physician or other medical staff can render catastrophic injuries to a newborn, such as:
- Excessive bleeding
- Nerve damage
- Skull fractures
- Brain injuries
- Asphyxiation
The parents of a newborn injured due to medical malpractice may seek compensation on their child’s behalf for losses associated with the injury. A successful claim could cover the child’s medical care, modifications to the home to accommodate a disability, lost income, childcare costs, and pain and suffering.
How Long Is the Birth Injury Statute of Limitations in Florida?
Florida law imposes statutes of limitations on all injury and wrongful death claims. For medical malpractice claims, the time limit usually is two years from the date of the incident.
Two years may seem like plenty of time, but it can pass quickly when you’re caring for a baby with medical needs. Gathering evidence and finding an experienced birth injury attorney will also prove time-consuming.
Exceptions and Extensions
The law provides for exceptions to the two-year limit. One is the discovery rule. This rule can extend the filing deadline if there was a delay in detecting and diagnosing the injury. In the event of a delayed diagnosis, the law gives the parents an additional two years.
With birth injuries, delayed diagnoses are not uncommon. Some parents may not know anything is wrong until their child demonstrates developmental delays months or even years after the delivery date. When such delays occur, the law allows the parents until the child’s eighth birthday to file a lawsuit.
The birth injury statute of limitations may also be extended if the defendant (the liable medical practitioner) has left the state. The statute of limitations will be paused during the time the responsible party was not in Florida.
The clock can be paused in other circumstances. These include:
- When the newborn has no parent or guardian
- When the parent or guardian has interests adverse to those of the child
- When the parent or guardian is found to be incapacitated
In these cases, the claim must be filed within seven years of the incident.
How the Statute of Limitations Impacts Birth Injury Cases
Statutes of limitations serve an important function. A lawsuit filed several years after an incident makes it harder to establish the facts. Because of the lapse of time, evidence may not have been collected and preserved. Eyewitnesses may have trouble recollecting what they observed.
Legal time limits were not established to punish victims, but they certainly serve as an incentive to take swift action. If you miss the statute of limitations deadline, a judge may dismiss your case, ending your chances of receiving any compensation.
Perhaps you put off retaining a birth injury lawyer, or you thought you could handle the claim without representation. Although you might be ready to hire one now, an attorney may turn you away if too little time remains to file a claim.
Steps to Take if You Suspect a Birth Injury
If you suspect your child suffered a birth injury due to a medical practitioner’s negligence, there are steps you can take to prepare for a potential lawsuit.
Get a Second Opinion
A second medical opinion about your child’s injury may bring to light additional details about the condition. It could confirm your suspicions or take your case down a different path.
Gather and Preserve Evidence
Collect medical and hospital records, diagnostic test results, photos, and video if it is available. Ask for the names and contact information of any eyewitnesses. Additionally, you and your spouse should write down everything you remember about the incident while it is still fresh in your mind.
Consult a Birth Injury Attorney
Even clearly valid claims are complicated. They sometimes involve more than one liable party and are almost always challenging to prove. Too much is at stake to handle the case on your own. An attorney with experience in birth injury cases can review your case and explain your legal options.
FAQ
Can a Mother Be Responsible for Her Newborn’s Injury?
Sometimes, a mother’s health condition can increase the risk to her baby. These conditions may include diabetes, obesity, an infection, or cephalopelvic disproportion.
What Is the Most Common Birth Injury?
A minor head injury is the most common injury. It includes swelling, bruising, or scratches from forceps or vacuum extractors.
What Is the Florida Birth-Related Neurological Injury Compensation Plan?
This statutory plan provides limited recovery, regardless of fault, to the families of infants who have suffered birth-related neurological injuries. Compensation covers actual expenses for medically necessary and reasonable care.
Did Your Child Suffer a Birth Injury?
If your child suffered a birth injury, contact Ratzan Weissman & Boldt to schedule a free consultation with an experienced Miami birth injury attorney.