Florida Birth Injury Lawsuit
In What Situations Can I File a Florida Birth Injury Lawsuit?
Filing a lawsuit over a birth injury in Florida is a little more complicated than in other states. The Birth-Related Neurological Injury Compensation Association (NICA) is a state-run program that aims to reduce birth injury lawsuits. It includes a fund to compensate parents and babies, with no need to prove negligence.
You may be able to collect compensation through NICA or file a lawsuit. A birth injury lawyer or firm in the state can look over your case and explain your options. They can help you decide which is the best step to take. In general, though, if a mistake made during pregnancy or labor and delivery left your child with a serious brain injury, you should be able to get compensation one way or another.
What is the Statute of Limitations?
If you do qualify to sue and decide to go ahead with a lawsuit, keep in mind that there is a time limit known as the statute of limitations. Florida law gives you four years from the time your child sustained injuries to file the lawsuit.
How Does a Birth Injury Lawsuit Proceed in Florida?
A birth injury lawsuit is like other personal injury and medical malpractice lawsuits and follows the same procedure. It begins with hiring the right lawyer, someone with experience working on these types of cases, negotiating settlements, and litigating. Your lawyer will guide you through the courts to:
- File a Complaint
The first step in any malpractice lawsuit is to file this document with the courts. It outlines your case and allegations while also notifying the defendants. - Build a Case to Prove Negligence
With the lawsuit officially filed, both sides have time to investigate the incident and build a case. Your lawyer will gather evidence and work with experts to prove negligence. The defendants’ lawyers will try to disprove it. - Negotiate a Settlement
Whether they admit to being negligent or not, the defendants will most likely be willing to try to settle out of court. Your lawyer will present an argument for settling now rather than going to court, where they may end up paying much more. - Litigate in Court
Most malpractice cases end in settlements, but some go to court. Here, your lawyer will present evidence and testimony to prove negligence and to win a jury award. - Fight an Appeal
The jury may decide in your favor, but the defendants can appeal. This takes the decision to a higher court in Florida, where your lawyer will continue to argue your case.
How Will My Lawyer Prove Negligence and Get Damages?
Birth injury cases are complicated for many reasons. One of these is that it can be difficult to prove negligence. Your lawyer must work with medical experts to show that your doctor breached an accepted standard of care and that this led to your child’s injuries.
Your lawyer will use experts as well as witness statements and your medical records to prove negligence. They will also use this information as well as your child’s expected future care needs to show that the negligent parties are liable for expenses. This helps determine the amount of damages you can recover in the case.
What Can I Expect in Damages?
Damages amounts vary depending on individual factors in a case. Florida law does not cap non-economic damages, so you can seek as much as you feel is fair. This includes both monetary expenses and the costs of suffering, pain, and loss of enjoyment of life.
Your lawyers will look at several factors to come up with an amount to seek in a settlement or jury award:
- The severity of injuries
- The permanent of injuries or any disabilities and how they will affect your child’s future
- Existing medical bills
- Expected future medical bills and other expenses, such as home care or therapy
- Any lost wages or lost future income if you must stay home to care for your child
Examples of Florida Birth Injury Lawsuits
Examples of cases similar to yours are useful in showing what’s possible when you take legal action. It can be intimidating to go up against a big hospital and a doctor’s insurance company. The lawyers who represent victims have done this many times before, and they have gotten results for their clients.
Marla Dixon and Earl Reese-Thornton won a $33.8 million judgment after their baby was born with severe brain damage in Miami. Their lawyer showed that Dixon’s pregnancy was normal but that the obstetrician made several mistakes. The doctor used more drugs than were necessary to begin contractions, failed to perform a C-section, and even walked away from Dixon for several minutes to take a phone call. He then attempted to falsify records and blame the damage on Dixon.[1]
Iala Suarez won $23 million in a jury award in 2015 against a physician and a medical center in Port Charlotte. The physician detected signs of preeclampsia in Suarez at 24 weeks of pregnancy. Considered a high-risk complication, the doctor should have transferred her to a high-level care hospital for monitoring. Because she was not, Suarez gave birth prematurely to a daughter with significant brain damage and severe cerebral palsy.[2]
These cases of negligence resulting in harm to babies are all too common. If your child suffered birth injuries because of a doctor’s mistakes, contact a lawyer and consider filing a lawsuit. A lawsuit may be your best option for collecting the compensation that will pay for your child’s lifelong care.