Florida’s Laws on Birth Injuries and Medical Malpractice

Navigating the complex landscape of birth injury and medical malpractice laws in Florida can be daunting. For parents and families affected by birth injuries, understanding their legal rights and the avenues available for seeking justice is crucial. 

Florida's legal system provides specific statutes and guidelines that govern medical malpractice claims, including those related to birth injuries. This article, provided by Rafferty Domnick Cunningham & Yaffa, aims to offer a comprehensive overview of these laws, helping you understand your rights and the legal processes involved in pursuing a birth injury claim.

Common Causes and Types of Birth Injuries

Birth injuries can result from various medical errors or negligent practices during pregnancy, labor, or delivery. Understanding the common causes and types of birth injuries is the first step in recognizing whether you might have a valid claim.

Common Causes

Delayed Birth: Prolonged labor can cause significant stress to the baby, potentially leading to injuries such as cerebral palsy or brain damage.

Improper Use of Delivery Tools: The misuse of forceps or vacuum extractors can result in physical trauma to the baby.

Oxygen Deprivation: Lack of oxygen (asphyxia) during birth can cause severe neurological damage.

Failure to Diagnose or Treat: Conditions such as preeclampsia, infections, or umbilical cord problems must be promptly diagnosed and managed to prevent harm to the baby.

Types of Birth Injuries

Cerebral Palsy: Often caused by oxygen deprivation or trauma during birth, leading to motor function impairments.

Erb’s Palsy: Resulting from nerve damage to the baby’s shoulder during delivery.

Brain Injuries: Including conditions like hypoxic-ischemic encephalopathy (HIE), which can cause long-term developmental issues.

Fractures and Physical Trauma: Broken bones or other physical injuries sustained during delivery.

Recognizing these causes and injuries is essential for determining if medical malpractice occurred and if a legal claim is warranted.

Legal Procedures for Filing a Birth Injury Claim in Florida

Filing a birth injury claim in Florida involves several critical steps and adherence to specific legal requirements. Understanding these procedures can help streamline the process and increase the likelihood of a successful claim.

Statute of Limitations

In Florida, the statute of limitations for medical malpractice claims is generally two years from the date of the injury or when the injury should have reasonably been discovered. However, there are exceptions for cases involving fraud, concealment, or misrepresentation.

Pre-Suit Requirements

Before filing a lawsuit, Florida law mandates several pre-suit requirements:

Notice of Intent

Claimants must provide a notice of intent to the healthcare provider, including a detailed account of the alleged malpractice and an expert opinion corroborating the claim.

Pre-Suit Investigation

Both parties must conduct a pre-suit investigation to determine the validity of the claim. This phase often involves exchanging documents and conducting depositions.

Filing the Lawsuit

If the pre-suit investigation supports the claim, a formal lawsuit can be filed in court. The process typically involves:

Discovery Phase

Gathering evidence, interviewing witnesses, and compiling medical records.

Mediation

Attempting to resolve the case through mediation before proceeding to trial.

Trial

Presenting the case before a judge or jury if mediation fails.

Navigating these legal procedures can be complex, making it essential to have experienced legal representation to guide you through each step.

Understanding Compensation and Damages in Birth Injury Cases

Securing fair compensation for birth injury claims involves understanding the types of damages available and how they are calculated. In Florida, compensation typically falls into two categories: economic and non-economic damages.

Economic Damages

These cover the tangible financial losses incurred due to the injury, such as:

• Medical Expenses: Costs for past, current, and future medical treatments, surgeries, and rehabilitation.
• Lost Wages: Compensation for income lost by parents who must care for an injured child.
• Specialized Care: Costs associated with long-term care, special education, and assistive devices.

Non-Economic Damages

These address the intangible effects of the injury, including:

• Pain and Suffering: Compensation for the physical and emotional distress caused by the injury.
• Loss of Quality of Life: Damages for the diminished ability to enjoy life’s activities.

In some cases, punitive damages may also be awarded if the healthcare provider's actions were particularly egregious. Understanding these compensation types is vital for ensuring that families receive the full financial support they need to care for an injured child.

How Rafferty Domnick Cunningham & Yaffa Can Help: Expertise in Birth Injury and Medical Malpractice Cases

Rafferty Domnick Cunningham & Yaffa specializes in representing families affected by birth injuries, providing expert legal guidance and support throughout the claims process. Here’s how Rafferty Domnick Cunningham & Yaffa can help:

Expert Evaluation

Our experienced attorneys will thoroughly evaluate your case, including medical records and expert opinions, to determine the validity of your claim.

Comprehensive Representation

From the initial consultation to the resolution of your case, Rafferty Domnick Cunningham & Yaffa will handle all legal aspects, including filing necessary documents, negotiating with insurance companies, and representing you in court if needed.

Compassionate Support

We understand the emotional toll birth injuries can take on families. Our team provides compassionate support, ensuring that you are informed and empowered throughout the legal process.

Maximizing Compensation

Our goal is to secure the maximum compensation possible for your family, covering all medical expenses, lost income, and other associated costs.

Choosing Rafferty Domnick Cunningham & Yaffa means entrusting your case to professionals dedicated to achieving justice for your family. Our expertise in Florida’s birth injury and medical malpractice laws ensures that you have the best possible representation in your pursuit of a fair outcome.

Contact Rafferty Domnick Cunningham & Yaffa Today

Understanding Florida's birth injury and medical malpractice laws is essential for families seeking justice for their injured children. With the right legal support, navigating this complex landscape becomes more manageable. Rafferty Domnick Cunningham & Yaffa is committed to providing expert guidance, compassionate support, and robust representation to help you achieve the best possible outcome for your case. If you believe your child has suffered a birth injury due to medical malpractice, contact Rafferty Domnick Cunningham & Yaffa to discuss your legal options and take the first step towards securing the compensation and justice your family deserves.  Reach out to us at 561-516-5168 or book a consultation online to schedule a consultation and learn more about how we can assist you.