Very few things transform joy into sorrow and dancing into mourning faster, and more completely, than a serious birth injury. Making matters worse, many families aren’t aware of such injuries for months or even years. Generally, doctors say there were “some complications” during delivery and assure families that everything is fine now. After a short time, or a long time, passes, it becomes apparent that everything is not fine, and it hasn’t been fine for a long time.
Like most other forms of medical negligence, mistakes at any point in the PLDR (prenatal, labor, delivery, and recovery) process could cause a birth injury. Some doctors dismiss obvious red flags when they appear during prenatal patient visits or lab tests. Others make poor choices under pressure, while they’re trying to deliver a baby. Still others don’t make necessary NICU referrals or allow babies to go home too early.
Maximum compensation is a process as well. The tough Port St. Lucie birth injury lawyers at Freidin Brown, P.A. are with clients throughout this process. First, we thoroughly review your case to determine your legal options. Next, we collect evidence that supports your claims and refutes insurance company defenses. Finally, when a case goes to court, we don’t relent until we obtain the best possible result under the circumstances.
Negligence Basics
Essentially, professional negligence is a lack of care. A negligence case has four basic elements in Florida:
- Duty: Most drivers only have basic training. Therefore, they have a duty of reasonable care. In contrast, most doctors have extensive training. Therefore, they have a fiduciary duty. This legal responsibility requires doctors to only do what’s best for their patients, regardless of the personal, financial, or other costs.
- Breach: We mentioned some common breaches of duty above. A breach of duty is a lack of care as opposed to a “wrong place at the wrong time” mistake. Because the duty of care is so high, there’s usually no such thing as a medical accident. Instead, there’s only a breach of care.
- Cause: Non-errors, such as a baby’s genetic makeup or family history, sometimes contribute to birth injuries. However, these things do not cause injury. In most cases, medical negligence is the primary cause. Additionally, a Port St. Lucie birth injury lawyer must establish foreseeability (possibility) of injury.
- Damages: No judge or jury can wave a magic wand and eliminate the physical, emotional, and other effects of a serious birth injury. However, a court can award compensation, which is the next best thing. This compensation gives families the resources they need to care for injured children and move on with their lives.
Attorneys must establish facts in a negligence case, like cause and breach of duty, by a preponderance of the evidence (more likely than not). That’s one of the lowest standards of proof in Florida. So, a little evidence goes a long way.
Experienced a Birth Injury in Port St. Lucie? Get a Free Legal Consultation Today!
What to Expect in a Negligence Case
Since so much is at stake, birth injury cases rarely settle quickly. Instead, attorneys must file legal paperwork to jumpstart the settlement negotiation process.
After the judge rules on procedural motions, the judge supervises an information exchange. During discovery, both sides have a legal obligation to put all their cards on the table, in terms of their claims and defenses.
Once discovery is complete, if the parties haven’t reached an agreement, St. Lucie County judges usually appoint mediators. These professionals know how to bring two sides together. Perhaps more importantly, they ensure that both sides negotiate in good faith. Largely because of these things, mediation is about 90 percent successful in Florida.
Connect With a Diligent St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie birth error lawyer, contact Freidin Brown, P.A. Virtual, home, and hospital visits are available.