6 Questions To Ask Your Florida Lawyer About Your Birth Injury Case
by Arnab Dey Legal 02 October 2023
Parents are usually a bundle of nerves when their bundle of joy is being delivered.
They have confidence that their obstetrician and trained birthing staff will ensure their child enters the world without injury. Unfortunately, that’s not always the case. Medical mistakes occur in the delivery room, causing heartache for the parents and their families who had expected a trouble-free birth.
If your child was harmed during delivery, contact Freidin Brown to speak with a skilled birth injury lawyer. During a free consultation, one of their compassionate medical malpractice attorneys will determine the best course to seek justice and accountability for this tragic event.
Birth Defect vs. Birth Injury
It’s important to point out that there is a huge difference between a birth injury and a congenital disability. While both are tragic, only one is due to birthing staff negligence. Both could be a lifelong financial hardship, but only one has legal consequences. Here are the differences.
What Is a Birth Defect?
A birth defect develops in the womb, usually during the first trimester. They are unavoidable, and the obstetrician and their birthing staff played no part in its development or cause.
Common birth defects can include:
- Cleft palate
- Club foot
- Down syndrome
- Spina bifida
- Pulmonary atresia
What Is a Birth Injury?
Birth injuries are caused during childbirth by birthing room staff and could have been avoided if proper birthing techniques were adhered to. Sometimes called birth trauma, they can leave the child with a debilitating, life-long condition. Examples of birth injuries include:
- Brachial palsy
- Facial paralysis
- Cerebral palsy
- Erb’s palsy
- Caput succedaneum
6 Questions To Ask Your Lawyer About Your Birth Injury Case
You’ll need to hire an attorney when seeking justice and accountability after a birth injury. It would be foolish to attempt a lawsuit of this nature without an experienced legal team fighting for your rights. Hospitals and doctors have scores of attorneys who will fight to limit their liability.
Here are the top 6 questions you should ask when looking for a birth injury lawyer.
Do I Have a Strong Case?
An experienced birth injury lawyer will determine the strengths and weaknesses of your case. Birth injuries, no matter how obvious, can sometimes be difficult to prove. However, a savvy attorney will decide what is the best way to seek justice for you and your child.
Do You Have Experience With Birth Injury Cases?
You’ll want to work with a law firm with a successful birth injury case background. These cases can be quite complex and, without prior experience, could be difficult for a one-size-fits-all attorney. Law firms with birth injury and medical malpractice lawsuits usually have medical experts who can provide testimony to prove negligence.
What Do I Have To Prove To Receive a Settlement?
An experienced attorney will have the savvy to prove that the birthing staff was negligent and caused your child harm. They’ll do this by providing medical evidence of the injury and testimony from medical experts who believe the child was harmed during childbirth.
How Much Does a Birth Injury Case Cost?
Most birth injury lawyers will offer a free consultation to discuss your case. Still, money is an important issue to discuss with your attorney, so ensure you understand everything from the get-go. Most law firms only receive a payment if you are awarded a settlement, and they’ll be paid a portion of it – a contingency fee. Most personal injury attorneys are completely transparent regarding costs and additional fees.
Will a Settlement Cover My Child’s Life-Long Needs?
A good birth injury attorney will fight to ensure that your child’s financial needs are compensated. This includes expected life-long medical treatments, any costs associated with personal care, compensation for pain and suffering, and emotional trauma.
Is It Too Late To Initiate a Birth Injury Lawsuit?
Florida’s statute of limitations for a birth injury is two years from the incident. However, this time period has a bit of a gray area. The parents of a child with a birth injury have two years to file a lawsuit when they discover the injury. Not all birth injuries are visible at the time of birth.
What To Ask Your Florida Lawyer About Your Birth Injury Case Explained
Every expecting parent’s worst nightmare is that their child is harmed during childbirth due to birthing staff negligence. If it occurs, it’s of utmost importance to ensure that the guilty parties face accountability to ensure they don’t harm again.
Hiring the best medical malpractice attorney is needed to seek justice for your child and compensation for their injuries. Fighting a hospital and its insurance companies is a job left to legal professionals and should never be attempted without legal representation.
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