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Filing a Medical Malpractice Claim for a Birth Injury

Any time an individual is injured, misdiagnosed, experiences his or her condition worsening, or is killed because of negligence or reckless behavior by his or her doctor or other healthcare provider, the victim or his or her family may be entitled to seek monetary compensation through a medical malpractice claim. This includes birth injuries, which are injuries sustained by an infant at his or her birth.

Birth injuries can create lifetime expenses, both economic and non-economic, for victims and their families. In Florida, the statute of limitations for birth injury claims is two years from the date of the injury or two years from the date that the injury could reasonably have been discovered. In this latter scenario, the claim must be filed within four years of the child’s birth. In cases of a wrongful death, the statute of limitations is two years following the death.

Examples of Birth Injuries

Birth injuries can be caused by improper diagnosis of complications before birth, a faulty Cesarian section, improper use of equipment during birth, improper dosage of drugs to the mother during her pregnancy, a failure to detect and monitor fetal distress before birth, and a failure to diagnose maternal conditions such as preeclampsia. Some examples of birth injuries include:

  • Cerebral palsy;
  • Erb’s palsy;
  • Broken bones;
  • Spinal injuries;
  • Low birth weight;
  • Newborn vomiting;
  • Lacerations;
  • Muscle spasms;
  • Seizures; and
  • Soft bulges on the baby’s head.

Filing and Pursuing a Birth Injury Claim

If a doctor’s negligence caused your son or daughter’s birth injury, you may have grounds to file a birth injury claim and receive monetary compensation for your losses. You will need to provide evidence of your doctor-patient relationship and how the doctor was negligent. You can do this through records of his or her care prior to, at, and shortly following your child’s birth.

Present this evidence to an experienced medical malpractice attorney to proceed with your claim. He or she will determine if you have a valid claim and if so, file one on your behalf. Your attorney will then negotiate with the negligent party’s insurance provider to determine an appropriate settlement for your claim. In some cases, a birth injury claim must go to court to be determined by a judge. If your case comes to this, your attorney will advise you regarding a hearing and develop a legal strategy for your claim.

Medical Malpractice Attorneys in Winter Park

A birth injury can have life-long consequences for a child that cost thousands, even millions of dollars in medical bills and disability services. If your child was injured at his or her birth because of doctor or hospital staff negligence, you have the right to file a medical malpractice claim to seek compensation for these costs. Contact Hornsby Law Group in Winter Park today at 407-599-8300 today to begin working on your medical malpractice claim with a member of our firm.

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