Throughout pregnancy, and especially during labor and delivery, fetal monitoring is an important tool that helps physicians evaluate an unborn baby’s well being and keep the baby safe during labor. However, if a medical professional makes errors in interpreting or responding to what the monitor shows, the consequences can be devastating. Placement errors are common as well. Most mothers like to move during pre-labor. So, fetal monitors must be securely attached, but not too securely attached.
The experienced Port St. Lucie fetal heartbeat malpractice lawyer at Freidin Brown, P.A. routinely handles these matters throughout the Treasure Coast. We’re familiar with all rules of evidence and procedure, including the unwritten rules. As a result, we’re well-positioned to obtain maximum compensation for your serious injuries. Compensation is only part of the puzzle. Negligent actions also hold medical professionals publicly responsible for the mistakes they make.
Beginning a Medical Negligence Case
Quite simply, beginning a negligence case means planning your work and working your plan. Of course, things usually get more complicated than that, especially when insurance company lawyers show up to refute the victim’s claim.
Fetal monitoring claims could involve multiple responsible parties. Sometimes, the responsible party is the nurse. If the doctor directly supervised the nurse at the time, the doctor is legally responsible. Furthermore, not all fetal monitors are perfect, Design and manufacturing defects are common, especially if the monitor was cheaply made in a foreign country.
Once a Port St. Lucie fetal heartbeat malpractice lawyer identifies the responsible party and appropriate theory, evidence collection begins. Medical bills, witness testimony, and other evidence must be strong enough to build a basic negligence claim and refute insurance company defenses. That’s the best way, and usually the only way, to ensure maximum compensation.
The case must also be strong enough to withstand procedural motions. Usually, if attorneys diligently build their cases before they file them, these motions aren’t a problem.
Need Legal Help with a Fetal Heartbeat Malpractice Claim? Get Support from a Port St. Lucie Lawyer Now!
Resolving a Medical Negligence Case
Once the initial phase ends, settlement negotiations usually begin. These negotiations are based on a claim’s settlement value. This figure is like a new car’s sticker price. Both numbers serve as a starting point for negotiations. A big difference is that an attorney is a well-trained negotiator who can go toe-to-toe with insurance company adjusters and lawyers.
Sometimes, these informal negotiations result in a settlement. Out of court settlements usually benefit victims. They resolve cases sooner and give victims more control over the outcome. If informal talks stall or break down, most St. Lucie County judges appoint professional mediators.
A mediator ensures that both parties negotiate in good faith. Victims and insurance companies cannot just go through the motions. They must earnestly want to resolve the case out of court. Good faith also means making reasonable offers and counteroffers. A low-ball proposal is not a good faith negotiating position.
Due to the good faith negotiating requirements, and also because the trial date is just around the corner, mediation is about 90 percent successful in Florida.
Count on a Dedicated St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie fetal heartbeat malpractice lawyer, contact Freidin Brown, P.A. Virtual, home, and hospital visits are available.
