When a child suffers a birth injury, they could be left facing lifelong impairment or even permanent disability. In worse case scenarios, birth injuries could even prove fatal. The victim and their family could be left dealing with significant medical bills and other economic hardships. An Indiantown birth injury lawyer could help aid in the financial recovery your family could be entitled to if a medical provider’s error was the cause of your newborn’s injury.
Florida law establishes strict time limits in which to file a birth injury lawsuit. If you think your child suffered a birth injury due to negligence, a personal injury attorney at Domnick Cunningham & Yaffa could review your claim and advise you on the potential next steps to take for your recovery.
Deadline for Indiantown Birth Injury Claims
It is essential to understand the deadlines governing birth injury claims in Indiantown, as failure to abide by these time limits could result in forfeiting any possible financial recovery. Under Florida Statutes § 95.11, claimants must file their case within two years of finding the injury but may be afforded up to four years from the date of the actual incident to start lawsuit proceedings. The four-year statute of repose will not impact a civil lawsuit for damages if the child’s parents file a claim by their child’s eighth birthday.
Another exception could apply to the statutory deadline if the medical professional used fraud to hide the injury. In these circumstances, the child’s parents would have two years from the date they learn of the harm suffered, or up to seven years from the injury date, to commence legal action. Navigating the deadlines and laws surrounding birth injury claims can be tricky, but a skilled Indiantown attorney could help the claimant understand and comply with the statutory rules pertaining to their case.
Negligent Causes of Birth Injuries
All too often, birth injuries could have been avoidable if not for the negligence of a physician, laboratory, or another medical professional. Below are common negligent causes of birth injuries:
- Incorrect usage of tools such as forceps or vacuum devices
- Failure to recognize signs that the child may be in distress
- Failure to identify and respond when the child is in breech position
- Misdiagnosis or failure to diagnose maternal medical issues or indications of distress
- Not supplying the infant with oxygen when necessary
- Prescribing the wrong medications before or during delivery
An Indiantown birth injury attorney could review the medical records of the mother and child, collect all other available evidence, and then determine whether a physician’s negligent actions or lack of action was to blame. If a doctor failed to live up to the acceptable standard of care for medical professionals, they could be held liable.
Birth injuries could inflict considerable financial hardship on parents and children alike, as these injuries may require long-term treatment and care. Compensation could provide financial relief for the victim’s hospital bills, medical expenses, therapy costs, and prescription expenses.
If a parent suffered wage loss to care for their injured child, they could be entitled to the value of their lost earnings. Other recoverable damages may include compensation for pain and suffering, disfigurement, and scarring. In some cases, punitive damages could also be secured and awarded by the court to penalize the at-fault provider for egregious misconduct.
Speak with a Compassionate Indiantown Birth Injury Attorney
If your child has suffered birth injuries due to careless obstetric care, you should speak with an Indiantown birth injury lawyer without delay. An attorney at Domnick Cunningham & Yaffa could help you determine what financial recovery could be possible and how to best proceed with your case.
Call today to arrange your confidential case review and lawyer consultation.
Speak to a member of our team today.