A birth injury isn’t just harmful to your child. It’s harmful to your family’s future. The cost of caring for a birth injury can easily reach hundreds of thousands and sometimes millions of dollars. That’s why you should make sure malpractice did not cause it by calling our birth injury attorneys.
If our birth injury attorneys in Tampa discover malpractice harmed your child, we can help you pay for your child’s care and other damages through a birth injury lawsuit. Birth Injury Lawyers Group will introduce you to a qualified birth injury attorney with the experience you need to get you the answers you seek
For a free legal consultation, call 1-800-222-9529
How do I Know If Malpractice Harmed My Child?
Doctors undergo years of training before they’re allowed to practice. This can make it hard for laypeople to challenge their knowledge. Also, since medicine is not always perfect, a doctor who does everything right might still be unable to avoid inflicting injury.
However, doctors have standards of care set by other doctors and years of case experience for different situations. When we work to discover if malpractice was involved in a case, one of the first things we’ll look for is if they violated those standards.
To find out, we’ll look over your medical records and consult with medical experts about what happened. Medical experts are other trained doctors who give expert opinions about a case. They have the same medical training, so they have the authority and knowledge to challenge what the doctor did.
If they say medical malpractice harmed your child, we can calculate your case worth and pursue a claim with your doctor’s malpractice insurers. If they refuse to give you what you’re owed, we’ll take them to court.
Tampa Birth Injury Lawyer Near Me 1-800-222-9529
How do I Win Compensation for My Child?
You will need the help of a lawyer to make a malpractice claim. They will get the evidence needed to prove your claim. To win compensation, you and your lawyer have to prove four things.
- Was there a medical relationship between who you’re suing and your baby? This included your doctor’s employer, usually a hospital.
- Did the person you’re suing break the standards of care set for their job?
- Did that break cause your child’s injury?
- How was your child injured, and what are the consequences of the injury to your child and your family?
If you are reading this, you may already have proof for the first and the last point through your child’s medical records. The true test for whether you can win compensation lies in the other two points. If a Tampa birth injury lawyer cannot prove those, you’ll unlikely get compensation for your child’s birth injury.
Can I Sue for Any Birth Injury?
Yes, as long as your lawyer believes that malpractice was the cause. Your health insurance may cover the costs for minor birth injuries with full recovery. Most parents turn to birth injury lawyers when their children are facing serious birth injuries. Some of the severe birth injuries we’ve seen in our offices include:
- Cerebral palsy
- Brain bleeding
- Infant stroke (hypoxic-ischemic encephalopathy)
- Spina Bifida
- Birth hypoxia
- Shoulder dystocia complications
There are dozens of birth injuries that malpractice can cause. If you’re unsure whether your child’s case qualifies for a birth injury lawsuit, simply call Birth Injury Lawyers Group. We will put you in touch with a Tampa birth injury attorney to evaluate your case in a free consultation.
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Are There Compensation Limits in Florida for Malpractice Cases?
There used to be limits to how much you could get in a malpractice suit in Florida, but the Florida Supreme Court struck the limits down as of January 2022. This means there is no legal limitation on how much money you can get from a malpractice lawsuit.
Economic damages were always covered in full, but non-economic damages like pain, suffering, and trauma were limited until they lifted the caps. The Florida Supreme Court ruled the caps were unconstitutional in the case of North Broward Hospital District v. Kalitan.
Though the law does not limit the amount you can get, you still have to justify the amount of money you ask for in your lawsuit. Insurers also have policy limits that are hard to breach. Our birth injury lawyers can handle the work of adding up the full value of your claim and finding all routes to compensation.
Is There a Deadline for Filing a Birth Injury Lawsuit?
Yes, there is. You have two years from when the injury happened, or should have been discovered. The reasoning for this is that the evidence may be too unreliable if too much time passes. This idea is called the statute of limitations.
Some birth injuries are invisible until a child misses developmental milestones or starts showing behavioral issues. Once you have noticed the injury, or should have, the two-year clock starts. If you try to sue after this deadline, the court can dismiss your claim.
Starting your case as soon as possible is important to give your lawyer the time to build a strong case and fight for a settlement before you’re forced to sue. Also, the sooner you start your claim, the sooner you could win compensation in your case.
Contact the Birth Injury Lawyers Group
If you live in Tampa and your child was harmed by your doctor before, during, or soon after birth, find out if you can get compensation. Contact the Birth Injury Lawyers Group. We will put you in touch with a qualified birth injury lawyer in Tampa who can help you with your injury claim.
Get started by calling the number on your screen or emailing us through the website. We will schedule a free, no-obligation consultation. If you have a case, you will owe us nothing unless you win compensation. Help your child get the care they need by calling now.