If an infant doesn’t get enough oxygen to their brain during labor or immediately after birth, they can develop cerebral palsy (CP). While certain cases may be attributed to genetic factors, medical negligence can also contribute to the onset of CP in newborns. A cerebral palsy attorney in Florida can determine if a doctor’s error caused your child’s condition.
If your child has CP because of medical malpractice, don’t go through the legal process alone. A Florida birth injury lawyer can help you file a birth injury claim against the doctor or medical institution at fault. Birth Injury Lawyers Group will fight for your rights and help you get your family’s life back on track. Contact us today to schedule a free consultation.
Fighting for Justice on Behalf of Injured Newborns and Their Families
After learning of your newborn’s cerebral palsy diagnosis, you may feel confused about how to offer your child the care they need. Our legal team offers compassionate legal assistance to parents of birth injury victims. We will give you all the information you need to make confident decisions about your newborn’s future.
At our law group, we only focus on birth injury cases, which gives us an advantage over other law firms with a broader scope. This allows us to have a deep and nuanced understanding of the complexities surrounding birth injury litigation.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Does Your Child Have 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.
CP is typically discovered at an early age. However, you may suspect this condition if you notice your child lacking muscle tone, feeling rigid when you pick them up, or missing developmental milestones. While there is currently no cure for the condition, treatments include helping your child adapt to their condition so they can live the best quality of life they can.
Florida Cerebral Palsy Lawyer Near Me 1-800-222-9529
Medical Negligence Can Cause Cerebral Palsy
In some cases, cerebral palsy is classified as congenital, indicating that it occurs before or during birth due to factors such as genetic issues. Alternatively, medical negligence during the birthing process can also contribute to the development of cerebral palsy.
Common types of medical errors that can lead to cerebral palsy include:
- Delayed or improper diagnosis during pregnancy
- Failure to monitor fetal distress during labor
- Mismanagement of complications during delivery
- Improper use of delivery-assisting tools
- Medication errors during pregnancy or labor
- Surgical errors during cesarean sections
- Failure to address maternal infections promptly
Healthcare providers are expected to exercise their professional judgment and skills with diligence to achieve the best possible outcomes for their patients. This duty of care is a fundamental principle in the doctor-patient relationship, emphasizing the importance of trust, transparency, and the ethical provision of healthcare services.
"We know first-hand what you are going through."
Identifying Negligent Parties in Your Birth Injury Lawsuit
More than one party could be responsible for your child’s brain injury and condition. Determining the liable party or parties for your child’s CP can be difficult without professional legal assistance.
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 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.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
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
- Medications
- Pain and suffering
- Emotional trauma
- Hospital bills
- Medical equipment and assistive devices
- Estimated future costs of all medical care
- Rehabilitation treatments
Be sure to keep receipts for all out-of-pocket expenses. An attorney will add up your damages and assign them a value for negotiation.
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 90-day settlement process. 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.
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.
Settlement Negotiations
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.
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 the date of the injury discovering the resulting condition but no later than four years, according to the Florida medical malpractice statute of limitations, Florida Statute §95.11.
The only exception is if the claimant is a minor and is 8 years old or younger. In this case, the 7-year period does not bar a legal action brought on behalf of a minor on or before the child’s 8th 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 statute of limitations for cerebral palsy applies to your case.
Find Your Cerebral Palsy Lawyer in Florida
If 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.
Birth Injury Lawyers Group serves families in need in Florida; find your legal representative today:
- Miami cerebral palsy lawyers
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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.
"We are committed to helping families who have suffered medical negligence."