If cerebral palsy was caused by medical negligence, and your child was the victim, your family may have options to seek compensation. Medical errors can sometimes lead to cerebral palsy and other lifelong health issues, and families have the right to explore legal remedies.
The first steps involve gathering medical records, consulting with qualified professionals, and filing your claim. A Fort Lauderdale cerebral palsy lawyer can guide your family through the legal process and help obtain the compensation you deserve.
What to Do If Cerebral Palsy Was Caused by a Medical Mistake
If you suspect a medical mistake caused your child’s cerebral palsy, you should:
- Gather medical records: Keep copies of appointment summaries, test results, and discharge papers.
- Document concerns: Record unusual events, statements, or symptoms that seem abnormal.
- Seek a second opinion: Present your documentation to a qualified medical professional for an independent assessment.
- Consult legal professionals: If malpractice is suspected, our attorneys can explain your options.
Common Medical Mistakes Linked to Cerebral Palsy
Even experienced medical professionals can make errors that increase the risk of cerebral palsy. Common mistakes include failing to detect fetal distress, improper use of forceps or vacuum extractors, and delaying necessary C-sections.
These errors can form the basis for a medical malpractice claim.
Recognizing the Signs of Medical Negligence
Pay attention to warning signs during childbirth that may indicate medical negligence. These may include:
- Unexplained delays during delivery: Urgent medical decisions should never be postponed without reason. Delays can jeopardize your child’s health and may signal negligence.
- Inconsistent medical records: Missing details, conflicting notes, or incomplete entries in charts can indicate mistakes or attempts to hide errors. Careful review of records is essential for understanding what occurred during delivery.
- Lack of immediate intervention: Slow responses to signs of fetal distress can result in permanent injuries. Timely medical action is crucial to preventing harm during critical moments of labor.
How Do I Prove Negligence?
To succeed in a medical malpractice lawsuit in Florida, you must prove the following elements:
- Duty of care: The healthcare provider owed a duty to provide competent medical care.
- Breach of duty: The provider failed to meet the accepted standard of care.
- Causation: The breach directly caused the injury.
- Damages: The injury resulted in damages, such as medical expenses, pain and suffering, or loss of quality of life.
Medical experts can analyze the evidence and explain how the provider’s actions deviated from the standard of care and caused harm to your child.
How Long Do I Have to File a Birth Injury Claim in Florida?
In Florida, the statute of limitations for medical malpractice claims is generally two years from the date the injury occurred or from the date the injury was discovered, whichever is later. However, there are exceptions:
- Minors: If the injured party is a minor, the statute of limitations may be extended until the child turns eight years old.
- Fraudulent concealment: If the healthcare provider concealed the injury, the statute of limitations may be extended.
It’s crucial to consult with an attorney as soon as possible to ensure you file your claim on time.
Types of Compensation Available to Families
If medical malpractice occurred, your family may pursue compensation to cover your immediate and long-term needs. Damages that may be available include:
- Medical expenses: You can be compensated for surgeries, therapy, assistive devices, and rehabilitation services.
- Lost earning capacity: You can receive compensation for your child’s future inability to work, as well as any income you lost due to caregiving responsibilities.
- Pain and suffering: You may receive funds for the physical and emotional hardship you’ve endured.
- Home modifications and long-term care: You can pursue damages for home modifications and professional caregivers.
Why Choose The Law Offices of Anidjar & Levine?
The Law Offices of Anidjar & Levine stand out for our dedication to client care. Every family is treated as an individual, not just a case number, and our clients enjoy direct access to our legal team.
Since 2005, we’ve won over $450 million for our clients. In addition, we offer a contingency fee arrangement so you don’t have to take on any financial risk. Thousands of families have benefited from our experience, professionalism, and compassionate approach.
Speak to a Cerebral Palsy Lawyer
If your child’s cerebral palsy resulted from a medical mistake, your family has the right to seek justice. A cerebral palsy attorney from Anidjar & Levine can help you pursue compensation to address the medical, financial, and emotional challenges your family has suffered.
If your child has been harmed due to malpractice, the at-fault parties should be held accountable. With the right guidance, you can obtain the resources you need to secure your family’s financial future. Call today to schedule a free consultation and start building your claim.
We Can Help.
