The costs of caring for a child with a birth injury are stunning. You could end up paying millions of dollars to care for your child while you’re raising them. Most families cannot afford to pay costs on their own, nor should they if their child’s birth injury was caused by medical malpractice.
Contact our Jacksonville birth injury attorneys to determine if your case is eligible for a malpractice suit. Birth Injury Lawyers Group can connect you with a qualified attorney who can tell you if you have a lawsuit and help you get the compensation you need to get justice and care for your baby.
For a free legal consultation, call 1-800-222-9529
What are Birth Injuries?
Birth injuries are injuries and illnesses that happen to newborns before, during, or just after birth. Many things can go wrong during pregnancy, and there are standards that doctors and nurses must follow to minimize the risks.
When these standards are broken, babies are at risk of getting harmed or killed. Some birth injuries can last the rest of a baby’s life and keep them from living a full, happy, and productive one. Caring for these injuries can be extremely expensive and intensive. Families can get ripped apart by stress.
Negligent medical professionals should pay for what happened to your baby when it wasn’t your fault. A birth injury attorney can hold them accountable and make them pay for your baby’s care through a medical malpractice lawsuit.
Jacksonville Birth Injury Lawyer Near Me 1-800-222-9529
How Do I Prove Medical Malpractice for my Baby’s Birth Injury?
Proving malpractice takes more than pointing out that your baby was injured. You must prove that your baby was harmed through negligence or deliberate action. That’s difficult to do because medicine is an uncertain practice. It’s not like a car accident where crashes happen because someone broke the rules. A baby could get injured despite your doctor doing everything right.
However, doctors have rules they must follow. These are called standards of care. To win your medical malpractice lawsuit, we show that they broke the standards of care and show that action caused your baby’s injury.
These two points, along with proving a medical relationship between you and the defendant and proving your baby’s injuries and other damages, are what you need to win your case.
How Does a Lawyer Help Me Prove These Points?
Insurers will use the standards of care against you to deny your claims of malpractice. They know they might be on the hook for large settlements if you win, so that’s a lot of incentive to stop your claim. So you need someone with experience in these cases and who isn’t afraid to fight back against the insurer’s claims.
A Jacksonville birth injury lawyer helps your case in many ways, not the least of which is that you’ll have someone who can sue on your behalf. Here are some of the other ways we will help your case:
- Determining if you have a valid claim or not
- Gathering evidence and talking to expert medical witnesses to prove the defendant was negligent
- Use past case histories and other resources to draw out the true costs of caring for your child’s birth injuries
- Guarding you against insurance company tactics and handling all communications
- Negotiating with the insurers for a fair settlement value based on evidence and the law
- Fighting your case in court if the insurers refuse to listen
- Keeping you updated about how your case is going
You need a compassionate and fierce ally on your side to prove malpractice claims. Proving someone broke the standards of care is difficult, but it can be done, and our lawyers can show you how. Ask us about our previous wins in cases similar to yours during your consultation.
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Are There Damage Caps for Medical Malpractice in Florida?
Some states limit the amount of money someone can get in a medical malpractice case. Florida used to be one of these states, but no longer. There are no caps on economic or non-economic damages in Florida medical malpractice cases except in very particular circumstances.
These are if the defendant was working for the county or the state and if there were any agreements to voluntary binding arbitration after a pre-suit investigation. Be careful about accepting any arbitration agreement from an insurer or a hospital, or you could limit your total compensation significantly.
Could I Share Responsibility for My Child’s Birth Injury?
An insurer may try to claim that you share some of the responsibility for your child’s birth injury, though they’ll have to prove it. Florida’s laws follow a rule called pure comparative negligence that decides how judgments change if you share responsibility for an accident.
This standard means that you can recover compensation even if you share some of the fault. The pure portion means that your level of responsibility can be as high as 99%, and you can still get compensation if you can prove some level of negligence from the defendant.
If you are deemed partially responsible, your percentage of fault reduces your final award by that much. So if you’re 20% at fault and you got $200,000 in compensation, you would lose $40,000 of it. Naturally, your lawyer will try to fight claims of sharing fault for your child’s injury.
Work with a Jacksonville Birth Injury Attorney Today
Don’t struggle with paying for your child’s medical care or worry about how you’ll be able to keep your job while you care for your baby. See if the Birth Injury Lawyers Group can help you. We have Jacksonville birth injury attorneys who can take your case.
Find out if you have a medical malpractice case by contacting our offices for a free case evaluation. If you work with us, you will owe us nothing unless you win compensation. Call today and find out if you and your child should get paid for what happened.