If your doctor’s negligence led to your infant’s brain injury, you’re likely wondering if you can take legal action. The answer is yes, you can sue for an infant brain injury in Florida if your doctor was at fault. To build a strong case, you’ll need to demonstrate that the healthcare provider breached their duty of care, leading to the injury.
We at Anidjar & Levine understand that this is a difficult time for you and your family. If you’re considering filing a lawsuit, consulting with a Florida medical malpractice lawyer is important.
Understanding Infant Brain Injuries
As you go through the challenges of infant brain injuries, it’s important to grasp the fundamental concept that these traumatic events can occur during fetal development, birth, or shortly after delivery. You should understand that infant brain injuries can take various forms, including hypoxic-ischemic injuries, intracranial hemorrhages, and cerebral dysgenesis.
The long–term effects of these injuries can be devastating, ranging from mild cognitive impairments to severe disabilities. You may notice signs of infant brain injury, such as seizures, delayed development, or abnormal reflexes. It’s important to recognize these symptoms early on, as prompt treatment can greatly impact the child’s quality of life.
By understanding the different types of infant brain injuries and their long-term effects, you’ll be better equipped to handle the process of seeking justice for your child.
Establishing Medical Malpractice When Suing for an Infant Brain Injury in Florida if the Doctor Was at Fault
If you suspect medical malpractice led to your child’s infant brain injury, you’ll need to establish a clear connection between the healthcare provider’s actions and the harm caused. To do this, you’ll need to prove that the healthcare provider was negligent in their care.
This means defining negligence as a breach of the duty of care owed to your child. Here’s what we can help with:
- Proving fault by showing that the healthcare provider’s actions or inactions caused the infant’s brain injury
- Gathering evidence to support your claim
- Demonstrating that the healthcare provider’s actions were not in line with the accepted medical standard of care
Meeting Florida’s Statute of Limitations
While seeking justice for your child’s infant brain injury, you must understand Florida’s statute of limitations, which dictates the timeframe within which you can file a lawsuit. According to Florida statute definitions, the statute of limitations states that you have a specific timeframe to initiate legal action.
In Florida, the statute of limitations for medical malpractice claims, including infant brain injuries, is typically two years from the incident or discovery of the injury. However, this deadline can vary depending on the circumstances.
It’s important to understand these legal deadlines to guarantee you don’t miss your opportunity to pursue compensation. Failing to file a lawsuit within the statute of limitations can result in your claim being barred, and you may forfeit your right to seek justice for your child’s injury. As a result, you won’t be able to sue for an infant brain injury in Florida even if the doctor was at fault.
Gathering Evidence for a Strong Claim
To build a strong case for infant brain injury, you’ll need to gather compelling evidence that supports your claim. This evidence will help prove that your doctor’s negligence caused your child’s injury. Here’s what you should collect:
- Medical records: Collect all medical records related to your child’s delivery and subsequent care. These records should include notes from doctors, nurses, and other medical staff.
- Witness testimonies: Identify anyone who witnessed the events leading up to and following your child’s injury. This can include medical staff, family members, or friends.
- Imaging and test results: Gather any imaging or test results that show the extent of their brain injury.
- Expert opinions: Consult with medical experts who can review your child’s case and provide opinions on the standard of care.
- Incident reports: Obtain any incident reports filed by the hospital or medical facility where the injury occurred.
Calculating Damages for Infant Brain Injuries
After gathering evidence to support your case, you’re now ready to determine the value of your claim. Calculating damages for infant brain injuries involves evaluating the financial and emotional impact on your child’s life.
It’s important to take into account the cost of future medical expenses, including therapy, rehabilitation, and ongoing care. You’ll need to calculate future expenses, such as adapted equipment, home modifications, and potential long-term care.
Additionally, you’ll need to gauge the emotional impact on your child, including pain and suffering, and loss of quality of life. By accurately calculating these damages, you can increase the chances that your child receives the compensation they need to cover the costs of care and support.
Working With a Florida Medical Malpractice Attorney
When pursuing a claim for infant brain injury in Florida, you’ll want to partner with an attorney who focuses on medical malpractice cases. This attorney will have the experience to guide you through the legal process and increase the chances that you receive fair compensation for your child’s injuries. Here’s what to know:
- You should schedule an attorney consultation to discuss your case and determine if you have a valid claim.
- The attorney will conduct a thorough case evaluation, reviewing medical records and consulting with experts to build a strong case.
- We will handle all communication with the defense, insurance companies, and medical professionals, taking the burden off your shoulders.
- Your attorney will help you understand the legal process, keeping you informed every step of the way.
- With our experience, you’ll be able to focus on what matters most: your child’s recovery and well-being.
We can help you sue for infant brain injury in Florida when your doctor was at fault for your child’s injury.
Learn More About Suing for Infant Brain Injury in Florida if the Doctor Was at Fault
You’ve taken the first step in seeking justice for your child’s brain damage by recognizing your doctor’s potential fault. With a strong case, Anidjar & Levine can help you hold the responsible healthcare provider accountable and secure the financial resources your child needs for a better future.
Contact us today for a free consultation.
We Can Help.
