In many cases, birth can be a complex process, and when something goes wrong, it can be dangerous. Sometimes complications occur, and it’s nobody’s fault for the resulting birth injuries and other damages.
However, when this injury is due to OB-GYN or other healthcare specialist negligence, the liable parties must be held accountable. First, to offer restoration for damages caused to the victim and their loved ones, and second, to stop acts of negligence that could go on to harm other families.
Filing a claim with a Miami birth injury lawyer can help you find justice for a birth injury caused by a healthcare provider. In such cases, going after hospitals and physicians is always met with strong defense from insurance companies and their attorneys. Fischer Redavid PLLC is ready to help you recover when you or your child are hurt during the birth process.
A birth injury is a form of medical malpractice. This implies that the legal process for compensation will follow Florida’s medical malpractice statutes, especially when proving that the defendant departed from standard levels of care.
The most rewarding legal option for medical malpractice cases, including birth injuries, is filing a civil claim to pursue a monetary settlement equivalent to the damages you’ve suffered.
In addition, a medical expert must evaluate your claim and write a merit affidavit to confirm that medical malpractice was involved in our case. This report has to be sent alongside the demand letter before you can take legal action against the liable parties.
And finally, a birth injury can either settle early enough without going to court or proceed to a trial. All these depend on the insurance company’s willingness to pay and your attorney’s expertise in trial cases.
Some injuries are specific to birth, so when they happen, it’s best to investigate the possibility of medical malpractice. However, it’s also important to note that not all cases of these injuries or conditions occur due to negligence.
Infant and mother birth injuries our lawyers frequently come across include:
Suffering these injuries or any other harm during your pregnancy doesn’t automatically amount to a malpractice case. You have to prove the elements of medical malpractice by presenting different kinds of evidence. Here are some of the details you’ll need to prove when you’re hurt by a healthcare provider:
When a birth injury lawyer in Miami is investigating your case, they’ll start from when you began seeking medical care for your and your unborn child till the prenatal clinic visit records.
Malpractice can occur anywhere before, during, or after delivery. This means that any healthcare providers involved in your pregnancy journey within this period could be liable.
Most of the injuries or conditions that develop before birth are defects. These are congenital abnormalities evident at birth and often inherited genetically or caused by exposure of a fetus to toxic chemicals.
While some birth defects are treatable after delivery, most are not and the child has to live with the condition for the rest of their life.
Birth injuries, on the other hand, occur immediately before, during, or after the birthing process. They’re mainly caused by doctor malpractice and, thus, preventable from the start.
If you suspect your birth injury was due to malpractice, a Miami birth injury attorney can investigate the case by tracking back events and determining when the negligence happened. This way, it’s easier to know who was responsible for your well-being at that moment and whether they provided substandard care.
Some events to look out for include:
Some Miami birth injury victims are skeptical of hiring an attorney because of the bad image of the legal industry portrayed by some law firms. When seeking a lawyer, you need one that will provide personalized attention to your case, not a settlement mill.
Settlement mills are high-volume law firms whose experience is built on settling claims quickly for their own financial gain and with no care for your recovery. Injury victims who are unfortunate to partner with such attorneys often don’t get a large enough settlement to cover their damages. They have to pay out of pocket for the resulting expenses when this happens.
Insurance companies are glad when you hire a settlement mill because they’re confident the lawyer will not fight hard enough to take the case to trial.
Some of the common ways to spot a settlement mill include:
If you’re seeking to hire a birth injury lawyer, resist the urge to partner with the first one you find, especially if you got their contact from a flashy billboard or TV advert. Instead, interview and speak with several of them to compare offers and strategies they propose for your case.
It’s also essential to select an attorney who has worked with other birth injury victims with a history of successful trials and out-of-court negotiations. Their experience can mean the difference between getting a settlement and getting your claim dismissed.
Some birth injuries manifest immediately after the malpractice while others show months or even years after leaving the hospital. The latter are delayed injuries and present additional issues when pursuing compensation.
Evidence may be hard to retrieve after such a long time, and insurance companies might claim that you or your child’s injury is due to something else and not a birth injury. A lawyer’s expertise and experience with such cases will be very significant in this instance.
Typically, you’d have two years as the statute of limitations when a birth injury is discovered during birth. In the case of a delayed injury, you have four years from when you did or should have reasonably discovered it.
Birth injuries are a common occurrence, but the saddest thing is that they’re preventable. When you put your and your child’s life in the hands of a medical provider, you never expect they’ll be negligent and leave you nursing injuries.
If this has happened to you, the last thing you probably want to get involved in is getting started with complex legal processes. Allow a Miami birth injury lawyer to take off this stress from your shoulders so you can concentrate on healing or adjusting to unexpected life changes.
Request a free consultation session to evaluate the details of your case with a professional Miami birth injury attorney from Fischer Redavid PLLC. Contact us by calling 954-860-8434 or filling out the form at the bottom of this page.
Have a legal question? Would you like to schedule a free consultation to discuss your case with an attorney? You can get in touch with us via the form on the right, by call or text (FL: 954-860-8434; GA: 404-287-2856), or on our social media profiles below.
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4601 Sheridan St. # 320
Hollywood, FL 33021
3379 Peachtree Road, NE.
Atlanta, GA 30326