If you’re dealing with the devastating consequences of your baby suffering a perinatal brain injury, you’re likely wondering if you can hold your doctor accountable for their potential mistakes. The answer is yes, you can sue for perinatal brain injury in Florida if your doctor was at fault.
Our team at Anidjar & Levine can guide you through the steps to take to establish a medical malpractice claim and secure the compensation you deserve. Consulting with a Fort Lauderdale brain injury lawyer can help you understand your legal options and determine the best course of action for your case.
Understanding Perinatal Brain Injuries
Perinatal brain injuries occur when a baby’s brain is damaged during the perinatal period, which spans from the 28th week of gestation to the first four weeks after birth. You should know that various factors, including birth asphyxia, premature birth, and infections such as meningitis, can cause this type of injury.
In some cases, medical errors, like delayed or improper treatment, can also contribute to perinatal brain injuries. To prevent or minimize the risk of these injuries, healthcare providers must closely monitor the baby’s condition during the perinatal period and respond promptly to any complications.
You’ll want to understand that prevention strategies include proper prenatal care, timely interventions during labor and delivery, and prompt treatment of any conditions that may arise during this period. If your baby suffered an injury, you can sue for perinatal brain injury in Florida if your doctor was at fault.
Establishing Medical Malpractice in Florida
When a healthcare provider’s negligence leads to a perinatal brain injury, you may be eligible to file a medical malpractice claim in Florida. To establish medical malpractice, you’ll need to prove that the healthcare provider deviated from the standard of care, causing the injury.
This means showing that a reasonably prudent healthcare provider would have acted differently under similar circumstances. You’ll need to demonstrate that the provider’s medical negligence breached their duty of care, violating your patient’s rights.
This can involve gathering evidence, such as medical records and expert testimony, to support your claim. A thorough investigation and expert analysis are important for determining whether medical malpractice occurred.
Damages You Can Recover When Suing for a Perinatal Brain Injury in Florida if Your Doctor was at Fault
When you bring a lawsuit for perinatal brain injury in Florida, you’ll likely seek compensation for two primary types of damages. These include:
Economic Damages
In pursuing a perinatal brain injury claim in Florida, you’re likely to incur significant economic losses that can impact your family’s financial stability. These losses can include medical expenses, lost wages, and other financial burdens.
As a result, you may be eligible for financial compensation to help mitigate the economic impact of your child’s injury. With regard to monetary damages, you may be able to recover costs associated with medical care, rehabilitation, and ongoing treatment.
You may also be able to recover lost wages or income if you’ve had to take time off work to care for your child. Additionally, you may be eligible for compensation for other related expenses, such as home modifications or assistive devices.
Non-Economic Damages Suffered
Emotional turmoil often accompanies a perinatal brain injury diagnosis, and you may be entitled to non-economic damages to acknowledge the profound impact on your family’s quality of life.
These damages compensate for the intangible, yet significant, effects of a perinatal brain injury. You may experience emotional distress, anxiety, and depression, affecting your relationships and overall well-being.
Non-economic damages can also account for the loss of companionship, guidance, and parental bonding. Additionally, they can recognize the diminished quality of life of your child resulting from the injury, including the loss of enjoyment and fulfillment.
The Role of Expert Witnesses in Florida Perinatal Brain Injury Cases
Your pursuit of justice for your child’s perinatal brain injury relies heavily on the testimony of expert witnesses. These medical professionals provide expert testimony that helps establish whether your healthcare provider deviated from accepted medical standards. If so, you can sue for a perinatal brain injury if your Florida doctor was at fault.
Expert witnesses can include obstetricians, neonatologists, and pediatric neurologists who have experience in managing high-risk pregnancies and births. They’ll review your child’s medical records and provide objective opinions on whether the healthcare provider’s actions or inactions caused the perinatal brain injury.
Their testimony will help you demonstrate that the healthcare provider breached their duty of care, leading to your child’s injury. By presenting strong expert testimony, you can build a compelling case that demonstrates the healthcare provider’s liability for your child’s perinatal brain injury.
Statute of Limitations for Filing a Perinatal Brain Injury Lawsuit
If you’re considering filing a lawsuit for your child’s perinatal brain injury in Florida, it’s important to understand the statute of limitations that applies to these cases.
In Florida, the statute of limitations for filing a perinatal brain injury lawsuit is generally two years from the date of the injury or the date you discovered the injury. However, there are some exceptions and nuances to this statute overview. Here are some significant points to keep in mind when it comes to filing deadlines:
- The discovery rule: If you didn’t discover the injury immediately, the two-year clock starts ticking from the date you discovered or should have discovered the injury.
- Minors: If your child was injured at birth, you have until their eighth birthday to file a claim.
- Exceptions: Certain circumstances, such as fraud or intentional concealment, can extend or toll the statute of limitations.
It’s important to consult with an experienced attorney to determine the exact filing deadline for your specific case.
Learn More About Suing for a Perinatal Brain Injury Lawyer if Your Doctor was at Fault in Florida
If you suspect your doctor’s negligence caused a perinatal brain injury, you can take legal action in Florida. By gathering evidence, expert testimony, and medical records, you can build a strong medical malpractice claim with Anidjar & Levine. With a successful lawsuit, you may receive compensation for economic and non-economic damages.
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