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Daytona, FL Birth Injury Lawyer
Daytona, FL Birth Injury Attorney
A birth injury can potentially occur in many ways due to negligence before, during, or immediately following a childbirth procedure. It is possible for a birth injury case to pertain to an injury to a newborn child, the child’s mother, or both, and some such cases involve devastating long-term effects. If your family in North Florida has recently experienced any type of birth injury, you need to speak with a Daytona, FL, birth injury lawyer as quickly as possible.
Legal Counsel for Birth Injury Claims in Daytona, FL
The attorneys at Spohrer Dodd Trial Attorneys have years of professional experience representing all types of medical malpractice cases in Daytona, including those pertaining to birth injuries. These cases are particularly challenging due to the emotional strain they cause to an affected family and the difficulty the family might have in proving the full extent of the negative effects they have experienced because of a birth injury.
Our firm excels at resolving complex medical malpractice cases, and we can help you approach your impending case with greater confidence and peace of mind. When you choose our firm to represent you in a birth injury claim, we can immediately begin handling the claim by gathering the proof you need to show that the defendant was negligent in a manner that directly violated the standard of care you should have received in the situation.
Birth injuries have a high chance of resulting in serious long-term or permanent medical complications. A parent may need to leave their job to care for a disabled child, and this, along with increased medical expenses, causes tremendous financial strain on the family. If you believe such an injury resulted from a medical professional’s negligence, an experienced birth injury lawyer in Daytona, FL, is the ideal asset to have on your side.
Building a Birth Injury Suit in North Florida
A birth injury claim is a form of medical malpractice claim, and success with a medical malpractice claim in Florida requires establishing a few key facts. First, a formal doctor-patient relationship must have existed between the plaintiff and the defendant. Second, the defendant must have breached the standard of care the plaintiff required in the situation. Finally, this breach must have directly caused the damages cited in the claim.
Your birth injury lawyer can help secure expert witness testimony from a medical professional who holds similar or greater board certifications to those of the defendant. This expert witness can explain how the defendant breached the standard of care that applied to your situation and explain what the defendant should have done differently. Your attorney can help gather other essential forms of evidence to support your case.
You will also need to identify all the damages you and your family suffered because of the defendant’s actions. Florida law allows a plaintiff to seek full compensation for all economic losses caused by the defendant’s actions, along with whatever amount of pain and suffering compensation they believe reasonably reflects the severity of the harm they experienced. For many plaintiffs, it will amount to sizeable compensation if they succeed with their claims.
FAQs
Q: What Is the Statute of Limitations on Birth Injury Claims in North Florida?
A: The statute of limitations on birth injury claims in North Florida works a bit differently from other medical malpractice claims. While the standard two-year statute of limitations for medical malpractice still applies, Tony’s Law allows parents to file a birth injury claim up until their child’s eighth birthday under certain conditions. Some medical complications from birth injuries take several years to manifest in noticeable ways, and this law applies to such cases.
Q: What Are the Most Commonly Reported Birth Injuries in Northeast Florida?
A: The most commonly reported birth injuries in Northeast Florida and throughout the state each year include cerebral palsy from brain damage, traumatic injuries from excessive force during childbirth, and injuries caused by failure to monitor the patient’s vital signs. Medication errors and traumatic injuries from misuse of surgical instruments are also commonly cited injuries in these claims.
Q: How Much Compensation Can I Claim in a Birth Injury Case?
A: The amount of compensation you can claim in a birth injury case depends on multiple variables, especially the severity of the injury and whether it is likely to result in long-term damages for the family. Your birth injury lawyer can help accurately calculate the full extent of damages you can seek from the defendant, which is likely to include increased medical expenses, lost income, and pain and suffering compensation.
Q: Why Do I Need to Hire a Daytona, FL, Birth Injury Lawyer?
A: You need to hire a Daytona, FL, birth injury lawyer to increase your chance of success with your case. Even if you believe that the birth injury your family experienced was clearly the result of medical negligence, success with any medical malpractice suit in North Florida would be very difficult without an attorney representing you. The right attorney can make every aspect of your case easier to manage and more likely to yield positive results.
Q: What Are Attorneys’ Fees for a Daytona, FL, Birth Injury Lawyer?
A: Attorneys’ fees for a birth injury lawyer in Daytona, FL, are limited by state law. Florida restricts attorneys’ fees in medical malpractice cases to a contingency fee system, meaning the client pays their attorney a percentage of the total compensation won from the defendant, and only if their attorney wins their case. The client will not pay more for legal counsel than they win in compensation for their damages; they pay nothing if their attorney doesn’t secure a case award.
The team at Spohrer Dodd Trial Attorneys knows the various challenges and complications you might encounter in your efforts to recover from a recent birth injury in North Florida. Our firm has successfully handled many medical malpractice cases for clients throughout the Daytona area, and we are ready to leverage this experience in your case. Contact us today to schedule a free consultation with a Daytona, FL birth injury lawyer to learn more about the legal services we provide.
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