When medical malpractice ruins your infant’s birth and leaves you or your child injured, you can seek justice through financial compensation from the negligent doctor, nurse, or hospital. Bring your case to a successful conclusion by working with a Miami birth injury lawyer.
While a birth should mark a momentous occasion for any family, medical malpractice sometimes causes a birth injury to occur. These unfortunate occurrences can forever change a family’s future, leaving them dealing with unforeseen expenses and circumstances for years to come.
If your family was hurt in this way, you can hold the negligent health care provider accountable. A Miami birth injury lawyer from Lavent Law can help you determine if you have grounds for a case and how best to proceed.
Florida Medical Malpractice Statute of Limitations
In Florida, you are required to file a lawsuit for medical malpractice within two years of the incident or of discovering the injury. This statute of limitations creates the need to hire a personal injury attorney quickly.
If you have already passed the two-year mark and still wish to sue, you may be able to do so if you are suing on behalf of your minor child. In this case, there are some exceptions that could allow a lawsuit to be filed prior to the child turning eight. Your Miami birth injury lawyer can help you determine if your case qualifies.
Determining Healthcare Provider Negligence
When you or your child has been injured during the birth process, it can be difficult to tell who was to blame. This is especially true if your child was born with a birth defect. While in some circumstances it might not have been preventable, in others, a birth defect could be caused by an incorrectly prescribed medication.
A thorough investigation must be conducted to determine what happened, who was responsible, and if the injury could have been prevented had the doctor or hospital exercised proper care. For example, if you went into premature labor and your child suffered, was there a way to prevent the harm with medication or by other means? If your child was deprived of oxygen during the delivery, could this have been avoided with proper monitoring and a faster medical response?
Regardless of how the injury occurred, it is necessary to dig deep and gather evidence to prove what happened. This will then be presented to a jury during the trial or to the malpractice insurer during negotiations. Given how complex this process is, working with a Miami injury lawyer is within your best interests.
Common Birth Injuries
Any birth injury that impacts you or your child’s health or quality of life warrants filing a lawsuit. Common injuries include all of the following:
- Spinal cord injuries
- Soft-tissue injuries
- Brain injuries
- Bone injuries
- Birth defects
- Excessive bleeding for the mother
- Permanent pelvic floor problems
- Death of the child or the mother
Additionally, some women experience problems after delivery but don’t get diagnosed until some time later. If this is your situation, you should speak with a Miami birth injury lawyer from our office about your case. If the reason for the delayed diagnosis qualifies, you may be able to seek compensation—even several years later.
Compensation for a Birth Injury
When filing a medical malpractice lawsuit, you can receive compensation for any of the following damages that apply to your family’s case:
- Current and future medical bills
- Cost of rehabilitation and physical therapy
- Medications and medical devices
- Cost of hiring an in-home caregiver
- Lost wages due to being unable to work because you must care for your child
- Any other expenses or financial losses associated with the birth injury
- Pain and suffering
- Emotional distress
Speak with a Miami Birth Injury Lawyer
Your family deserves full compensation for what you’ve been through, but the malpractice insurer will do everything possible to deny and lowball your claim. To get justice and hold the negligent healthcare provider responsible, contact Lavent Law.
Schedule a free, no-obligation consultation with a Miami birth injury lawyer by calling (305) 440-0450 or by completing the contact form on this page.