If your child is living with cerebral palsy and you suspect that your doctor’s negligence during pregnancy or childbirth contributed to their condition, we can help you determine if you have a valid claim. To establish liability, we must demonstrate a direct causal link between the healthcare provider’s actions and your child’s cerebral palsy diagnosis.
Our Florida cerebral palsy lawyer at Anidjar & Levine will work closely with you to gather evidence and build a strong case. We will examine the circumstances surrounding your child’s birth and medical care to determine if it led to their condition. Read on to learn if you can sue for cerebral palsy in Florida if your doctor was at fault.
Establishing Liability for Cerebral Palsy in Florida
If you’re pursuing a cerebral palsy claim in Florida, you’ll need to establish that a healthcare provider’s negligence caused your child’s condition. This requires satisfying the liability criteria, which involve a thorough causation analysis.
Fundamentally, you must demonstrate that the healthcare provider’s breach of duty directly led to your child’s condition. This breach can manifest in different ways, such as failing to monitor fetal distress or neglecting to perform a necessary C-section.
It’s important to pinpoint the specific act or omission that caused the cerebral palsy. By doing so, you’ll be able to build a strong foundation for your claim and demonstrate that the healthcare provider’s negligence caused your child’s condition.
Gathering Evidence To Sue For Cerebral Palsy in Florida if Your Doctor Was at Fault
You’ll need to collect and analyze medical records to build a strong case, which requires a thorough review of prenatal care, delivery, and postnatal treatment. Here’s what to collect if you are planning to sue for cerebral palsy in Florida if the doctor was at fault:
Medical Record Review
As you prepare to file a lawsuit alleging that medical malpractice caused your child’s cerebral palsy, a thorough examination of medical records is an important step in building a strong case. You’ll need to scrutinize the accuracy of medical records, ensuring that all relevant information is included and that documentation standards are met.
This involves reviewing medical charts, test results, and other documents to identify any discrepancies that may indicate negligence. By conducting a review of medical records, you can uncover evidence that supports your claim and helps you build a compelling case.
Expert Witness Testimony
Following an examination of medical documentation, expert witness testimony plays an important role in gathering evidence for a strong case. You’ll need to identify expert witnesses with relevant qualifications, such as obstetricians, neonatologists, or neurologists.
Their testimony will help establish the standard of care, identify deviations from that standard, and explain the causal link between the breach and your child’s cerebral palsy. During credibility assessment, you’ll evaluate the expert witness’s education, training, and experience.
Their impartiality and objectivity are important, as their testimony can greatly impact the outcome of your case. By carefully selecting and preparing expert witnesses, you can strengthen your claim and increase your chances of securing fair compensation.
Calculating Damages for Cerebral Palsy Cases
When pursuing a cerebral palsy lawsuit in Florida, determining the appropriate damages is an important step in seeking fair compensation. You’ll need to calculate the economic damages you’ve already incurred, such as medical expenses, and those you’ll incur in the future, including ongoing therapy and care.
Calculating future economic damages can be difficult, as it requires estimating the costs of lifelong care and the loss of potential earnings and benefits. Your attorney will work with experts to assess your child’s condition, life expectancy, and future needs, as well as the impact of their condition on their ability to work and contribute to society.
Filing a Lawsuit and Meeting Statutes of Limitations
When suing for cerebral palsy in Florida, you must file a timely claim to meet the state’s deadline. Florida’s statute of limitations dictates the timeframe in which you can bring a lawsuit, and failing to meet this deadline can result in your claim being barred.
If you’re considering filing a lawsuit in Florida for cerebral palsy, it’s important to understand the state’s statute of limitations. This statute outlines the timeframe within which you can file a claim. In Florida, the statute of limitations for medical malpractice, including those related to cerebral palsy, is typically two years from the incident or discovery of the injury.
However, there are exceptions and nuances to these statutory details that can greatly impact the legal implications of your case. It’s important to consult with a qualified attorney who can guide you through Florida’s statute of limitations and guarantee you’re taking the necessary steps to pursue your claim effectively.
Working With an Experienced Florida Attorney
When suing for cerebral palsy in Florida, if your doctor was at fault, you’ll want a seasoned attorney who knows the state’s specific laws and regulations. An experienced attorney will have the necessary qualifications to handle the complicated legal landscape.
Effective client communication is important to a successful case, as it guarantees that your needs and concerns are addressed throughout the process. Here are three important reasons to work with an attorney:
- Experience: A Florida attorney with experience will have in-depth knowledge of the state’s laws and regulations, guaranteeing that your case is handled correctly.
- Personalized support: Your attorney will provide personalized guidance and support throughout the process, which can be emotionally draining.
- Maximized compensation: An experienced attorney will fight to secure the maximum amount of compensation you are entitled to, helping to increase the chances of a more secure financial future for you and your loved ones.
Learn More About Suing For Cerebral Palsy in Florida When the Doctor Was at Fault
By understanding medical malpractice laws, establishing liability, gathering evidence, calculating damages, and filing a lawsuit within the statute of limitations, you can hold your healthcare provider accountable for your child’s cerebral palsy in Florida.
At Anidjar & Levine, we are committed to helping you and your family seek justice for the harm caused by medical negligence. Contact us today for a free consultation.
We Can Help.
