Giving birth to a baby, whether you have other children or you are a first parent, can be a scary and exhilarating experience. During the delivery process, you may be quick to think about the kid’s future, what he or she will be like, and the kind of things you can successfully do for him or her. The excitement of welcoming a new kid to the world can be a lifetime memory. The last thing any parent can think of is to find out that their little angel was injured at birth.
The situation could be more heartbreaking if you learn that your infant was injured because of negligence on the part of the healthcare provider. In such a situation, the law allows you to file a medical malpractice lawsuit for the damages or injuries your baby suffered. If the medical expert was negligent and as a result, your baby was injured, you may be eligible for compensation. It’s recommended to seek the help of a trained and experienced Miami birth injury lawyer to handle the lawsuit effectively.
Establishing whether or not your baby’s injuries are from medical negligence
It’s not always easy to determine who was at fault when a child suffers injuries during birth. There are many possible risks with nearly all medical procedures, and child delivery process isn’t an exception. Problems during birth don’t always indicate medical negligence or malpractice.
However, if your child’s injuries were caused by a mistake that could be prevented, then, the medical expert is responsible for those injuries. You can file a medical malpractice claim, and you will be eligible for compensation.
Keep in mind that medical mistakes can leave your child with a life-long, life-threating medical condition that can be very expensive. In Florida, the following costs are covered under a medical malpractice claim.
- Hospital bills
- Pain and suffering
- The baby’s medical expenses
- Home adjustments made to accommodate the child’s life-long medical condition
- Childcare expenses
- Lost wages.
To qualify for compensation, you must prove that the medical negligence on the part of the medical expert during birth caused your baby’s injuries. Note that there is no doctor or medical facility that will take blame without a fight. Therefore, consider hiring a reliable attorney to counsel you and also help you present the right evidence in court.
Statute of limitations
Seeking compensation might not be the first thing you think about after realizing that your little angel suffered injuries during birth. However, it’s crucial to start the lawsuit process as soon as you can. The Florida law §95.11(4) (b) states that all medical malpractice lawsuits should begin within two years from the moment the incident was discovered.
Different situations can either shorten or extend the statute of limitations. For instance, if the government owns the medical facility, there may be different time limits. The parents have up to four years to file the medical malpractice claim. Given the short and varying time limits for filing a medical malpractice claim, it’s recommended to consult with an attorney immediately after realizing your infant was injured at birth.