We understand the distress of discovering that your child has suffered a neonatal injury. If you suspect that your doctor’s negligence caused or contributed to the injury, you may be wondering if you can take legal action.
In Florida, you can sue for neonatal injuries if you can prove that your doctor was at fault. To hold them accountable, a Fort Lauderdale birth injury lawyer at Anidjar & Levine recommends that you understand what that entails and what steps you need to take to hold them accountable.
Understanding Neonatal Injuries and Medical Malpractice
As you go through the emotional journey of caring for a newborn, it’s important to understand the devastating consequences of neonatal injuries and medical malpractice. Neonatal injuries can occur during prenatal care, labor, or post-delivery neonatal care.
These injuries can be severe, including birth asphyxia, cerebral palsy, and brachial plexus injuries. Medical malpractice can lead to these injuries, which can have long-term effects on your child’s health and well-being.
Healthcare providers must adhere to established standards of care to prevent medical errors and guarantee suitable neonatal care. As a parent, understanding these significant aspects of neonatal care can help you make informed decisions and take proactive steps to protect your child’s health.
Damages You Can Recover For a Neonatal Injury in Florida if Your Doctor was at Fault
If a doctor’s negligence caused your newborn’s injury in Florida, you may be eligible to recover financial compensation for the harm done. Common damages in a neonatal injury claim include:
- Medical expenses: This includes the cost of emergency care, NICU treatment, surgeries, medications, and any future medical needs like physical therapy or in-home nursing.
- Pain and suffering: Compensation for your child’s physical pain and emotional distress, as well as the emotional toll on the family.
- Lost earning capacity: If your child’s injury results in permanent disability, you may recover compensation for their reduced ability to earn income in the future.
- Parental lost wages: If you missed work to care for your child, you may be compensated for your lost income.
Establishing Fault and Liability
When suing for a neonatal injury claim in Florida, if your doctor was at fault, you’ll need to prove a few elements of negligence. These include:
Medical Standard Breach
To establish fault and liability in a neonatal injury lawsuit in Florida, you must demonstrate a breach of the medical standard of care. This means proving that your healthcare provider’s actions deviated from the accepted standard of care, resulting in medical negligence.
The standard care is the level of care that a reasonably prudent healthcare provider would have exercised under similar circumstances. You’ll need to show that your healthcare provider’s breach of the standard of care directly contributed to your child’s injuries.
Causation of Harm
Proving causation of harm is an important element in establishing fault and liability in a neonatal injury lawsuit in Florida. You must demonstrate a direct causal relationship between the medical professional’s breach of duty and the harm your child experienced.
This harm assessment involves evaluating the extent of the injury and determining whether it was a direct result of the doctor’s actions or inaction. Here are the significant factors to evaluate:
- Was the harm close in time to the alleged breach of duty?
- Was the breach of duty a substantial factor in causing the injury?
- Was the harm foreseeable, given the circumstances surrounding the birth?
- Did the breach of duty directly cause the harm? Can you establish a clear causal link between the two?
Gathering Evidence to Support Your Claim
You should gather evidence to support your neonatal injury claim in Florida. Collecting medical records is a significant step in building your case. These records should include prenatal care records, hospital records, and any other relevant medical documents that can help establish a link between the doctor’s negligence and your child’s injury.
Additionally, interviewing witnesses who were present during the delivery or know about the events leading up to the injury can provide valuable insights.
Witness statements can help corroborate your claim and provide a more thorough understanding of the circumstances surrounding the injury. By gathering this evidence, you can strengthen your claim and sue for a neonatal injury in Florida when your doctor was at fault.
Florida’s Statute of Limitations for Neonatal Injury Claims
Florida law imposes a specific timeframe for filing a neonatal injury claim, which is important to understand to avoid missing your opportunity for justice. You must adhere to these timelines to guarantee your legal rights are protected. Here are the fundamental points to take into account:
- General rule: You have two years from the date of the injury or discovery of the injury to file a claim.
- Fraud or concealment: If your healthcare provider fraudulently concealed the injury, you have seven years from the date of the injury to file a claim.
- Wrongful death: If your child died due to a neonatal injury, you have two years from the date of death to file a claim.
Understanding these neonatal injury timelines and legal action durations is important for pursuing justice for your child’s injuries.
Working with a Florida Medical Malpractice Attorney
You’ll want to partner with a seasoned Florida medical malpractice lawyer who has a proven track record of successfully litigating neonatal injury cases, particularly those involving birth asphyxia, cerebral palsy, or other devastating conditions.
This attorney will guide you through the legal process, increasing the chances you receive fair compensation for your child’s injuries. Here are the benefits of working with a Florida medical malpractice attorney:
- Client consultations: Your attorney will listen to your concerns, answer questions, and provide the guidance you need to make informed decisions.
- Case evaluations: Your attorney will review medical records, consult with experts, and determine the strength of your case.
- Legal experience: Your attorney will handle all legal aspects, from filing the lawsuit to presenting your case in court.
- Emotional support: Your attorney will provide emotional support during this challenging time, allowing you to focus on your child’s recovery.
Learn More About Suing for a Neonatal Injury in Florida if Your Doctor was at Fault
If you suspect medical malpractice led to your child’s neonatal injury, you have a right to hold the responsible parties accountable. With Anidjar & Levine providing guidance, we can help you seek fair compensation for your child’s injuries, helping to secure their future well-being.
Contact us today for a free consultation.
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