If an infant doesn’t get enough oxygen to their brain during labor or immediately after birth, they can develop cerebral palsy (CP). Some children succumb to this disorder as a result of genetics. However, others are injured by a doctor, nurse, or another medical professional.
If your child has been harmed and suffers from CP because of medical malpractice, don’t go it alone. A cerebral palsy lawyer in Florida can help you file a birth injury claim against the doctor or medical institution at fault. A qualified lawyer can fight for your rights and help you get your family’s life back on track.
Contact us today to schedule a free consultation with a cerebral palsy attorney.
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Understanding Cerebral Palsy
There are several causes of cerebral palsy, many of which can happen at birth. The condition refers to a group of neurological disorders that lead to a variety of complications in the life of your child. Someone with CP can have disabilities, including mild to extreme motor function impairment, lack of coordination, or even balance issues.
Typically, CP is discovered at an early age. However, you may suspect this condition if you have noticed your child missing developmental milestones, lacking muscle tone, or feeling rigid when you pick them up.
While there is currently no cure for the disorder, treatments include helping your child adapt to their condition so they can live the best quality of life they can.
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Identifying Negligent Parties in Your Birth Injury Lawsuit
More than one party could be responsible for your child’s brain injury and condition. Instances where a healthcare provider’s actions or omissions lead to CP include the following:
- An obstetrician provides substandard prenatal care.
- A general practitioner or primary care doctor fails to diagnose a maternal infection.
- A pediatrician fails to diagnose a health condition in the baby.
- A nurse, intern, or doctor fails to properly monitor the mother or baby’s condition during labor and delivery.
- A healthcare provider does not promptly act after fetal or maternal distress signs.
- A doctor allows labor to go on for too long, causing the baby to be deprived of oxygen or sustain an injury.
- A physician administers too much medication, resulting in excessive contractions and oxygen deprivation.
- An anesthesiologist makes a mistake when administering drugs to the mother or baby.
- A midwife fails to detect a high-risk pregnancy, doesn’t respond to signs of fetal distress, or makes an error during delivery.
- A nurse provides substandard prenatal care or assistance to the mother or baby during labor.
These are some potential situations where healthcare professionals could be at fault for your child suffering brain damage and developing a lifelong disability. Hospital staff and hospitals have a duty to properly care for their patients.
When these professionals fail to provide a reasonable standard of care, they are to blame for the resulting injury or damage. An experienced birth injury attorney can investigate liability for your case.
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Medical Malpractice Statute of Limitations in Florida
Birth injury cases are time-sensitive. In Florida, you must file a medical malpractice lawsuit within two years of discovering the resulting condition. According to the Florida medical malpractice statute of limitations, Florida Statute §95.11, you will not be able to submit a claim after the four-year mark from the discovery,
The only exception is if the claimant is a minor and is eight years old or younger. In this case, the seven-year period does not bar a legal action brought on behalf of a minor on or before the child’s eighth birthday.
If this deadline passes and you attempt to file your medical malpractice case on behalf of your child, the court will likely dismiss your case. An experienced lawyer can explain how the above deadlines apply to your case.
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Notice of Intent in Florida Medical Malpractice Cases
In Florida, you are required to submit a notice of intent to the local court system to file a claim against a healthcare provider. The notice must include an affidavit of merit from a doctor or recognized healthcare professional verifying that you have a valid medical malpractice claim.
This notice of intent sets in motion a complicated settlement process that lasts 90 days. If the health care provider states earlier than 90 days that they do not want to settle, you have 60 days or the remainder of the limitations period to sue.
You Can Collect Financial Compensation for Damages From Your Cerebral Palsy Claim
The amount of money you can recover from a birth injury settlement or court award depends on your total economic and non-economic damages. Your attorney can help your family list their damages, which can include the following:
- Inability to work
- Lost income
- Special education
- Home modifications
- Pain and suffering
- Emotional trauma
- Hospital bills
- Medical equipment and assistive devices
- Estimated future costs of all medical care
- Rehabilitation treatments
Be sure to hold on to receipts for all out-of-pocket expenses. An attorney will total your damages and assign a value to them for negotiation.
What Happens During a Cerebral Palsy Lawsuit?
When you hire one of our attorneys, you get assistance with investigating your case, collecting evidence, and finding an expert witness to testify that medical malpractice occurred. A legal team will support your claim and push for maximum compensation.
Evaluating Your Claim
It’s important to note that no two CP claims are the same. Therefore, having an experienced birth injury lawyer who can evaluate your case is vital.
Some cases involve faulty equipment, while others involve medical staff or an individual’s reckless behavior. Having an attorney who knows how to handle it all is crucial.
Your lawyer may be able to recover your settlement through negotiations with the healthcare provider’s insurance company before filing a lawsuit or going to trial. Insurance companies do not typically want to pay out your full claim. They can end up:
- Offering you an upfront sum that barely covers your initial medical expenses.
- Manipulating what may have happened during your child’s birth.
- Denying the claim altogether.
Going To Trial
If your case goes to trial, your attorney will prepare your depositions, answer your questions, and explain their expectations. If the insurance company you are suing believes it can win by defending the other side’s case, you may go to trial, where a jury will decide if you receive compensation and how much.
Find Cerebral Palsy Attorneys in Florida
If you or someone you love is living with cerebral palsy, it’s important to find a reliable lawyer who handles this type of legal matter. A Florida cerebral palsy attorney in your area can help provide much-needed support and guidance.
- Lawyers in Miami
- Hialeah lawyer
- Miami Gardens lawyer
- Miramar lawyer
- Pembroke Pines lawyer
- Clearwater lawyer
- Fort Lauderdale lawyer
- Boca Raton lawyer
- Coral Springs lawyer
- Davie lawyer
- Pompano Beach lawyer
- Sunrise lawyer
- West Palm Beach lawyer
- Hollywood lawyer
- Jacksonville lawyer
- Orlando lawyer
- Port St. Lucie lawyer
- St. Petersburg lawyer
- Tallahassee lawyer
- Tampa lawyer
- Brandon lawyer
- Lakeland lawyer
- Spring Hill lawyer
Get the Answers and Legal Support You Need
Children mean the world to their parents, so we understand why hearing that your child has been diagnosed with a disability can be a devastating experience. Our compassionate attorneys are here for you during this difficult time.
At Birth Injury Lawyers Group, we understand you may have many questions, and we have the resources to help you get answers. We want to do all we can for your family so that you can focus on providing the best possible care for your child.
Contact us now to schedule a free consultation with a Florida cerebral palsy lawyer.