When a physician or healthcare professional neglects or improperly cares for a child, serious birth injuries may ensue. A medical provider could be held legally culpable and liable for the victim’s damages. If your child suffered a severe physical injury at birth and you suspect the doctor acted negligently, a seasoned attorney could help.
The skilled personal injury attorneys at Domnick Cunningham & Yaffa can investigate the circumstances of your child’s injuries to determine if negligence was the source of the cause. A Belle Glade birth injury lawyer will work tirelessly on your case to help you recover the compensation you need.
Different Kinds of Birth Injuries
There are many kinds of birth injuries a plaintiff could file a claim for. Some of the most common injuries include:
- Brain damage
- Nerve damage
- Spinal cord damage
- Hypoxia or anoxia
- Fractured bones
- Erb’s palsy
- Cerebral palsy
To successfully recover damages in a birth injury case, the plaintiff and their attorney must show that the doctor’s care failed to meet the appropriate standard established by the medical profession. Furthermore, the plaintiff must demonstrate that the doctor’s neglect was the cause for the birth injuries and the subsequent damages following. Birth injury cases can be extremely difficult to prove, however, retaining an experienced Belle Glade attorney can be beneficial to help handle these types of claims.
Getting Compensation in a Birth Injury Lawsuit
Numerous types of damages may be recovered in a birth injury lawsuit, including economic, non-economic, and punitive damages. Economic losses include expenses such as:
- Hospital bills
- Medical bills
- Surgery costs
- Therapy expenses
- Lost income (if a parent misses time from work due to their child’s injury)
Non-economic damages do not have a fixed monetary value and refer more to personal losses. These may include the plaintiff’s mental anguish, emotional distress, pain, suffering, and future treatment costs.
The final category of damages that could be awarded to a successful plaintiff is known as punitive damages. Punitive damages may be awarded in rare cases that the court deems the medical provider’s conduct particularly outrageous or grossly negligent, both to punish the liable party and to deter others from acting similarly in the future.
Statutory Time Limits to File a Birth Injury Lawsuit
A skilled Belle Glade birth injury attorney can help the plaintiff understand the exact time limits applicable to their claim and ensure all filing deadlines are met accordingly. Pursuant to Florida Statutes § 95.11, a birth injury lawsuit must be started within two years of the date the error was discovered, but no more than four years from the actual injury date.
However, the law provides one specific exception for minor children. If a lawsuit is filed by the time a child turns eight years old, these deadlines need not apply.
A Belle Glade Birth Injury Attorney Could Review Your Potential Case
If your child suffered injuries at birth that you believe could have been avoidable if not for a physician’s negligence, you should discuss your potential claim with an attorney as soon as possible. The knowledgeable attorneys at Domnick Cunningham & Yaffa can provide an honest assessment of your case and help you understand what legal options may be open to you. They can help you pursue the maximum compensation you may be entitled to and deserve for your losses.
Call now to set up your case consultation with a Belle Glade birth injury lawyer.
Speak to a member of our team today.