Navigating the Legal Process After a Birth Injury

When a baby is on the way, the last thing families expect is for their child to be hurt by a medical professional. Unfortunately, babies may have injuries due to the negligence of medical providers. This can leave families with immense emotional distress, pain, and financial difficulties. If your baby is harmed by malpractice, it is tough to know how to start taking legal action. You have a lot to deal with, and these cases are notoriously difficult.

A Florida birth injury lawyer can help you navigate the legal process to get the compensation and justice you and your family need. Don’t just trust any firm with this complex case. Make sure you seek a firm with experience handling medical malpractice and results to back it up. You can read below for an overview of the legal process following a birth injury.

Seek Medical Attention and Document the Injury

There is nothing more important than making sure you and your child seek medical help and treatment after a birth injury. You may need to find a new provider or facility to provide care to prevent worsening injuries. A competent medical professional will assess your baby’s injuries and provide treatment to help address their harm. If you or your partner were injured by this negligence, make sure you seek help, too.

The sooner you get medical attention, the better. Prompt care can help make sure your baby’s needs are addressed and create a treatment plan. While some birth injuries can have lifelong effects even with the best medical care, injured or sick babies and parents may recover completely with medical attention. Make sure to continue with your treatment plan and stay in touch with your medical teams about the status of your injuries.

In addition to addressing health concerns, swift action also means establishing proof of your injuries and losses. Insurance companies look for excuses to deny or undervalue claims, and they may point to delayed care as proof that injuries are not serious.

Get Legal Help for a Birth Injury

Florida malpractice laws can be quite complex, even for personal injury lawyers. Many firms claim to handle these cases but are not familiar with nuanced malpractice laws and procedures. When a firm does not focus on malpractice injury cases, they may not be equipped to get clients adequate compensation for their babies’ injuries, if they get anything at all.

When you suspect that negligence caused your child’s birth injury, you should find a firm that has significant experience handling medical malpractice claims. You can review case results, firm accolades and experience, and client testimonials to find a firm that fits your needs. Don’t go with the first firm you come across—ask the lawyers questions about your case to see if they are the right fit for you.

Time Is of the Essence in a Birth Injury Case

It is in your family’s best interests to seek help as soon as you suspect negligence. Florida has a statute of limitations for medical malpractice cases, outlined in Florida Statutes § 95.11. While this provides the general timeframe for filing a lawsuit, there are exceptions based on the circumstances of the case.

When the statute of limitations begins running, and when it expires, is a very fact-specific and complex legal inquiry. A personal injury lawyer with experience handling malpractice claims will tell you how long you have to act.

Conduct Investigations and File a Notice of Intent

Florida has many laws that regulate medical malpractice claim processes. Some of the most notable laws outline pre-suit requirements that are essential for seeking legal action.

Pre-Suit Investigation for Malpractice Birth Injury Claims

Your lawyer cannot simply file a lawsuit with a court and begin a fight for compensation. They must first conduct an investigation, per Florida Statutes § 766.203. This investigation is crucial because it helps establish the validity of a case. Essentially, your lawyer must gather enough proof to demonstrate that you have the grounds to take action. This does not guarantee a victory by any means, but it does show that your case can progress.

An opinion from a medical expert in the same field and similar skill level will weigh in on your provider’s actions. Did your provider behave in a manner that met the field’s standard of care? Does the expert think their actions were reasonable? Did the failures cause injury to you or your child? This written and verified report is extremely important to your case, and the right malpractice law firm will have a network of resources they can draw on for these expert opinions.

Medical Malpractice and a Notice of Intent to Sue

State law also requires plaintiffs to file a “notice of intent to initiate litigation,” or a notice of intent to sue. This means lawyers must notify the defendant of their plans to take legal action during the pre-suit investigation phase. This notice kicks off a 90-day window that pauses the statute of limitations for the malpractice case.

Your lawyer cannot file a lawsuit until this period ends. The other party may decide to settle during this 90-day period, and you will not need to go to court. However, the party may reject your claim or request to arbitrate the claim. However your case plays out, our birth injury attorneys can see your case through from start to finish.

Your Case Can Resolve Through Settlement Negotiations or a Trial

An injury lawyer should be equipped to discuss the settlement vs. trial options that may be available in your case. They can explain the benefits and drawbacks of your options and give realistic expectations for your case.

Many medical malpractice claims are resolved in negotiations. Insurance companies can and do make fair offers during this process, and our lawyers will let you know if the settlement meets your needs. These are often resolved quicker than if they were to go to trial, and they offer more privacy. Accepting an offer during this stage means a guaranteed payout.

If your birth injury case goes to trial, a financial award is not guaranteed. Trial is also a longer process, and it may take a while before it’s resolved. It’s always possible that a trial will result in a higher payout than what the other party offers as a settlement. Our lawyer will help you weigh your options to help you make an educated decision about your case.

Call Our Florida Birth Injury Team Today to Get Started

No matter how simple your birth injury case may seem to you, we always recommend seeking legal help from an experienced medical malpractice law firm. Here at Freidin Brown, P.A., we have spent over 45 years helping Floridians seek justice for negligent medical care.

We have what it takes to fight for full compensation on your behalf. Call now to find out how our Florida birth injury lawyers can help you.