Birth injuries can be devastating for families. If your child has suffered this type of injury because of medical malpractice, a legal option you may have is to begin a claim against the liable parties. To have the best chance of succeeding in your claim, it’s important to seek help from experienced birth injuries attorneys.
You may have numerous concerns about what to expect from this process. Here are some of the key questions you’ll want to ask an attorney if your child suffered birth trauma or other injuries.
Is My Birth Injury Claim a Valid One?
When you go to your free consultation and present your case, you need to understand what medical negligence refers to. This will give you an idea of whether your claim meets the legal standard.
Medical negligence occurs when a medical professional does anything that deviates from the accepted standard of care and results in injuries. Keep in mind that not all harm that occurs to babies during their birth is malpractice because some injuries are not preventable.
Being able to establish that another medical professional would not have made the same error that led to your child’s injury is one of the most challenging aspects of these claims. In Florida, you need to present a certificate of merit that states there are grounds for the claim. Your attorney can assist with navigating all of these steps.
What Parties Can Be Held Liable?
Having a clear idea of who is liable in these cases is essential because there may be more than one party you can file against. First, there is the medical professional who was negligent. This could be a doctor, nurse, or any other provider.
If the negligent person was an employee of an institution, such as a hospital, you may also be able to file against the facility. That is because vicarious liability makes the employer responsible for the employee’s actions in work-related matters.
What Evidence Will Help My Case?
Ask your birth injury attorneys about what evidence can strengthen your claim. Usually, you need to offer medical records, including:
- Prenatal exams
- Doctor and nurse notes
- Fetal monitoring strips
- The baby’s records from the neonatal or nursery unit
You may also need testimony from experts as to how the injury could have occurred, as well as eyewitness statements from nurses and even family members. If there is any visual evidence, like photos or videos of the birth, that can be helpful, too.
What Compensation Can My Family Receive?
Your family can receive compensation for a variety of expenses and losses related to the injury, including the medical expenses you incurred. Your baby might still need ongoing care, and you may be able to receive coverage for those costs, too. If the injury leaves your child with disabilities requiring nursing care or special schools, you can be compensated for those costs as well.
When a child suffers a serious injury, it’s common for one parent to stay home to care for them. This often means a loss of income. A personal injury claim allows you to recover these losses.
Additionally, you can receive compensation for the emotional and physical suffering your child experienced. The amount you may be entitled to will depend on the severity of the injury and how it will impact their life.
What Is the Statute of Limitations for Birth Injuries in Florida?
This is a crucial question to ask your birth injuries attorney because missing the deadline can mean not being able to recover losses. In Florida, you typically have two years from the date of the injury or from the date you discovered the injury to begin the claim.
Do You Have Experience With Birth Injury Cases in Florida?
If you’ve not yet decided on which birth injuries attorney to hire, this is an important question to ask. You should not hire a lawyer who hasn’t successfully managed these types of claims before.
Ask about the types of settlements or jury awards they’ve been able to obtain, since some lawyers may try to quickly settle cases for less than they’re worth. You’ll also want to find out how they address complex cases and evidence that may not be straightforward. They should have contacts among medical experts who can assist in this process.
Will My Case Go to Trial?
Your attorney will prepare for both negotiations and trial, though the majority of cases are resolved during negotiations. The settlement process is generally much faster than going to court, so your attorney will likely do everything possible to achieve a positive outcome during this stage.
How Much Do I Have to Pay a Birth Injuries Lawyer?
In most cases, you pay nothing up front. Instead, the lawyer receives a percentage of your winnings. The exact number will depend on the lawyer.
FAQ
How Long Will My Florida Birth Injury Claim Take?
These cases can take up to a year, though that timeframe can be extended if you have to go to court.
What Are the Most Frequent Reasons Birth Injuries Occur?
Birth injuries can occur for many reasons, such as improper monitoring of fetal vital signs, using too much force during delivery, medication errors, maternal illnesses that went unnoticed, and prolonged labor.
What Is My Birth Injury Claim Worth?
Each claim is unique. Factors that can impact how much yours is worth include the severity of your child’s injury, how strong the evidence is, the number of parties involved, and the impact the injury will have on your child’s life.
Trust Ratzan Weissman & Boldt With Your Birth Injury Claim
If your child sustained an injury at birth, the seasoned team at Ratzan Weissman & Boldt can fight for the compensation you and your family deserve to move forward. Based in Florida, we provide clients with personalized and proven representation nationwide. Contact us to schedule a free case assessment today.