The injury of a newborn child or mother can be an incredibly traumatic experience for a family, especially if it was caused by the negligence of a medical provider. The typical happiness and excitement surrounding a new member of the family can be dampened by excessive medical visits and health-related stress. In a situation like this, it can be helpful to contact a St. Augustine, FL, birth injury lawyer.
Because of the emotions surrounding this unfortunate event, parents are sometimes subject to fighting on behalf of their child in court against powerful insurance companies trying to avoid paying compensation. Instead of struggling alone, consider working with an attorney who can support your case during such a painful time.
Obstetrical malpractice and birth injuries can be extremely complicated to prove, which is why you should consider contacting Spohrer Dodd Trial Attorneys for more information on your claim. We frequently receive referrals for these types of cases due to our understanding and capable legal team in St. Augustine, FL.
Rodney Margol, one of our seasoned trial attorneys, has an extensive background in birth injury cases. He has won his birth injury clients over $23 million in cases involving labor and delivery injuries, brain injuries, and medical negligence. Spohrer Dodd Trial Attorneys has a supportive group of lawyers with skills that match your specific needs.
In Florida, you can only file a birth injury claim if the injuries were caused by a healthcare provider making preventable mistakes. Not everything that goes wrong in a medical setting constitutes a birth injury. This claim falls under the domain of medical malpractice. In order for this claim to be legally valid, the following must be proven:
Labor and delivery are extremely complicated processes, with many things happening all at once. This means it can be difficult to prove that a healthcare provider’s negligence directly caused a child’s injuries as opposed to extraneous factors. Additionally, it is in the healthcare provider’s interest not to acknowledge medical negligence or birth injuries.
These reasons make it important to consult with an attorney if you’re considering filing a birth injury claim. An attorney can help collect and analyze your evidence to make a case against the hospital or doctors involved. Their knowledge can help you advocate for your family’s rights against powerful insurance companies and medical facilities.
While every birth is different, some similarities can be drawn in the types of errors made in birth injury cases. Here are some common mistakes to consider:
If these issues occurred due to negligence, then filing a birth injury claim might lead to substantial compensation. It is important to remember, however, that the compensation amount and chances of success highly depend on each family’s unique situation.
It is the hope of every parent to receive a happy and healthy newborn, but this does not always happen. Here are some symptoms that might indicate that a child has a serious birth injury:
If you see any of these behaviors in your newborn, seek medical care as soon as possible. Something that might seem harmless initially can turn into a bigger problem in the future. It’s important to document these injuries so that they can potentially be used in a birth injury claim.
The Florida Birth-Related Neurological Injury Compensation Act, also known as NICA, provides compensation for newborns and their families that meet certain criteria:
Families that qualify for NICA can receive coverage for medical expenses and equipment that is helpful for the child. While it is not legally required to fill out the petition form with the help of an attorney, speaking to one before completing the paperwork can answer questions about your unique situation.
A: The cost of a personal injury case can vary in St. Augustine. Things like how long the claim takes to resolve, how much research is needed to prove the claim, and the lawyer’s knowledge of personal injury can all impact the cost of a case. Personal injury cases are typically paid by a contingency fee, which is a percentage of the damages won if the case is successful. Depending on the payout, this typically amounts to 33%-40% of damages.
A: There are many occasions when injuries warrant hiring an attorney. It can be helpful to work with an attorney if your injuries are serious or due to another person’s negligence or if you’re not sure who is liable in the accident. An attorney can still help you if an insurance company denies your personal injury claim, depending on the situation.
A: In St. Augustine, suing a hospital usually means that you’re filing a medical malpractice claim. In order for this claim to be legally viable, it must be proven that the hospital was negligent and performed below the standard of care. You also must prove that your injuries were directly related to the negligent actions of the hospital or healthcare provider you’re trying to file against.
A: Birth injuries are normally considered medical malpractice claims in Northeast Florida. In general, medical malpractice claims have to be filed within two years of when the injuries were received or discovered. There are exceptions to this rule via Tony’s Law, which extends the statute of limitations if the child sustained a birth injury that was not discovered until after the typical statute of limitations expired. Talking with an attorney can determine if this law applies to your situation.
Spohrer Dodd Trial Attorneys have decades of experience working with families to fight for their compensation after a birth injury. We are skilled in considering a wide variety of evidence for your claim so that your arguments are successful in court. Make an appointment for a free consultation today to learn more about your options for your birth injury case.