If your child has suffered harm due to a pediatrician’s negligence in Florida, you’re likely wondering if you can hold them accountable. The answer is yes, you can sue for pediatric medical malpractice if we can prove that the doctor breached the standard of care, resulting in harm to your child.
At Anidjar & Levine, we understand that this can be a difficult and emotional experience for you and your family. Consult with a Fort Lauderdale medical malpractice lawyer to discuss the specifics of your case and determine the best course of action to pursue justice for your child. Read on to learn more about suing for pediatric medical malpractice in Florida if your doctor was at fault.
Understanding Pediatric Medical Malpractice
What constitutes pediatric medical malpractice in Florida, and how does it differ from medical malpractice in general? Pediatric medical malpractice occurs when a healthcare provider’s negligence or medical errors cause harm to a child.
In Florida, pediatric medical malpractice is a specific type of medical malpractice that involves the care of children, from birth to age 18. This can include mistakes made during prenatal care, delivery, or postnatal care.
Pediatric negligence can take many forms, such as misdiagnosis, delayed diagnosis, or improper treatment of a child’s condition. You may wonder if a doctor’s mistake constitutes malpractice. Our team of pediatric lawyers can help you determine if you have a valid case.
Common Pediatric Medical Malpractice Injuries You Can Sue for if Your Florida Doctor is at Fault
When a Florida doctor makes a serious mistake while treating a child, the consequences can be life-altering. Some of the most common pediatric medical malpractice injuries include:
- Birth injuries: Mistakes during delivery, such as improper use of forceps or failure to perform a timely C-section, can lead to brachial plexus injuries, cerebral palsy, or brain damage caused by oxygen deprivation.
- Delayed diagnosis or misdiagnosis: If a doctor fails to correctly identify conditions like meningitis, appendicitis, or cancer, a child’s health can rapidly decline, leading to preventable complications or death.
- Medication errors: Giving a child the wrong dose or wrong medication entirely can result in seizures, organ failure, allergic reactions, or developmental delays.
- Surgical mistakes: Errors during surgery, like operating on the wrong body part or leaving surgical tools inside the child, can cause lasting trauma and require additional procedures.
- Failure to monitor: Negligent monitoring of a child’s vital signs, especially in intensive care, may result in unnoticed complications that cause long-term harm.
Proving Fault in a Pediatric Medical Malpractice Case
When pursuing a pediatric medical malpractice case in Florida, you’ll need to establish that the healthcare provider’s actions or inactions breached the standard of care, directly causing harm to your child.
To prove fault, you’ll need to meet specific evidentiary requirements. This typically involves obtaining expert testimony from a qualified medical professional who can attest that the healthcare provider deviated from the accepted standard of care.
Additionally, you may need to provide documentation of your child’s medical history, treatment, and any resulting harm. By presenting a strong case with credible evidence and expert testimony, you can increase the likelihood of a successful outcome in your pediatric medical malpractice claim.
The Statute of Limitations for Pediatric Medical Malpractice Claims in Florida
In Florida, a specific timeframe governs how long you have to file a pediatric medical malpractice claim on behalf of your child. This statute overview is important to understand, as it can greatly impact your ability to seek justice for your child’s injuries.
In general, you have until your child’s eighth birthday to file a claim, regardless of when the malpractice occurred. Additionally, if the malpractice was not discovered until later, you may have up to two years from the discovery date to file.
Damages Available in Pediatric Medical Malpractice Cases
You’ve taken the first step in seeking justice for your child’s injuries by understanding the statute of limitations for pediatric medical malpractice claims. Now, it’s important to know what damages you may be entitled to sue for pediatric medical malpractice in Florida if your doctor was at fault.
In a pediatric medical malpractice case, you may be eligible for compensatory damages, which aim to compensate your child for their physical and emotional harm. These damages can include medical expenses, lost future earnings, and pain and suffering.
In some cases, you may also be awarded punitive damages, which are meant to punish the doctor or medical facility for their negligent actions. These damages can provide a sense of justice and accountability for the harm caused to your child.
Building a Strong Case Against a Negligent Doctor in Florida
A thorough investigation is important for building a strong case against a negligent doctor. You’ll need to gather evidence and evaluate your case to determine the extent of the doctor’s liability. This involves a careful review of medical records, witness statements, and other relevant documents.
You should also identify any potential expert witnesses who can testify on your behalf. During the case evaluation process, you’ll need to assess the severity of your child’s injuries and the impact they’ve had on your family. This will help you determine the appropriate amount of damages to seek.
Effective evidence gathering is important for building a strong case. You’ll need to collect and preserve evidence that proves the doctor’s negligence caused your child’s injuries. Our team can help you gather evidence to sue for pediatric medical malpractice in Florida if your doctor was at fault.
Working With a Pediatric Medical Malpractice Attorney
Since your case involves a pediatric medical malpractice claim, it’s important to work with an attorney who concentrates on this area. We have the experience to go through the legal and medical aspects of your case.
When searching for an attorney, look for someone with experience in pediatric medical malpractice cases in Florida. You can schedule attorney consultations to find the right fit for you. During these consultations, discuss your case and ask questions about their approach, fees, and communication style.
A reputable attorney will provide a thorough case evaluation, examining the evidence and identifying potential strengths and weaknesses. We will also explain your legal options and the possible outcomes of your case.
Learn More About Suing for Pediatric Medical Malpractice in Florida if Your Doctor Was at Fault
If your doctor’s negligence resulted in harm to your child, you may have a valid claim for pediatric medical malpractice in Florida. With a thorough understanding of Florida’s laws and Anidjar & Levine at your side, we can help you build a strong case to hold your doctor accountable for any harm caused to your child.
Contact us today for a free consultation.
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