Are there alternatives to litigation in a Florida birth injury case?
There are alternatives to litigation in a Florida birth injury case such as arbitration and mediation. Typically the best course of action is to bring a civil action in the state court system. The mediationa and arbitration are alternatives, not necesarily the best alternatives.
Are there time limits to sue for injuries in a Florida birth injury case?
There are time limits for birth injury cases. The general statute of limitatons is two years, but with birth injury cases the statute is extended and it depends on the case. We would have to discuss the particulars of each case to determine the particular limitations.
Can any attorney handle a Florida birth injury case?
Legally any attorney can handle a birth injury case, but I would recommend you seek the advice of someone who has experience in this particular area of law. It’s very complex, the cost of litigaton is great, so you’d want someone with the experience and resources to bring the case home for you.
How difficult will it be to win my Florida birth injury case?
Birht injury cases are one of the most difficult of all cases. The hospitals and doctors defend on both liability and causation. We must prove that the doctor and hospital staff were not only negligent but that the negligence directly contributed to the loss, whether it be death or injury. This takes a lot of experts, resources, dedication, and knowledge from your lawyer.
How do I know if my doctor's negligence caused my child's birth injury?
Causation is the single biggest disputed fact in a medical malpractice case. It is very difficult to determine whether your doctor did something that caused or contributed to your child’s injury. Most times you’ll need the help of a lawyer, because he or she is going to have to get a qualified expert who can look at the medical records, and sometimes your child, to be able to determine that what your doctor did OR didn’t do was the cause of your child’s injury.
How long will it take to settle my Florida Birth Injury case?
Birth injury cases take anywhere from 18 months to 2 and a half years to get to trial. It depends on your lawyer and a lot of factors. It can depend on how aggressive the lawyer is, how hard they’re working, if they have all the resources in place, and if they understand the medicine. On average, Florida birth injury cases can take 2 years to get trial ready. Hopefully along the process, your lawyer has proven your case so well to the opposing side that a settlement is reached. If not, that’s what a jury is for.
Should I accept a settlement offer in my Florida birth injury case?
Whether or not you should accept a settlement offer is based mostly on the trust and relationship you have with your lawyer. Assuming that you have a good lawyer and he/she has done a good job, then you should have the faith and trust in that lawyer to guide you as to whether or not you accept a settlement offer.
What can I recover if I win my Florida birth injury case?
Damages in birth injury cases, most of the time, would include all the economic expenses. Expenses such as past medical expenses, future medical expenses, loss of earnings, loss of earning capacity and of course pain and suffering. This is both for the injured person and the parents.
What type of evidence will I need to prove my Florida birth injury case?
To win a Florida birth injury case, you need to prove or your lawyer needs to prove, that the doctors or the hospital was negligent. You then need to prove that the negligence caused and contributed to the harm. The causation is the most difficult part of every case. What we do is that we hire the best experts we can find, who understand the medicine, and can help you with that proof.
What will the defendant argue against me in my Florida birth injury case?
In every birth injury case you can be assured that the defense is going to argue and defend on the basis of causation. Not only will they most likely deny that any of their acts were negligent, but even then they will argue if there was negligence that it wasn’t the cause of the harm, enabling them to walk away from the case without compensating you.
Where can my Florida birth injury case be filed?
Florida birth injury cases are typically filed in the state court system. Unless you bring in a federal court claims act, for instance if you’re suing a VA hospital. However, most cases are filed in the state court system which is referred to as the circuit courts.
Who can be sued in a Florida birth injury case?
The typical defendants in a Florida birth injury case are the medical facility such as the hospital, delivering doctor, or doctors who are caring for the child after the birth.
Who can sue in a Florida birth injury case?
In a Florida birth injury case typically the parents, the mother father or both, will bring the action on behalf of the minor. If the circumstance is that the mother or father do not have custody of the child, then the legal guardian has the right and obligation to bring the case forward on the minor’s behalf.
If I receive damages in my Florida birth injury case do I have to pay back my insurance company?
If you receive damages in a medical malpractice case or birth injury case you typically hace to pay back your health insurance company. However, it is subject to negotiation. Typically the insurance company will acknowledge the cost of litigation; the attorney fee aspect. Those are factors that help your lawyer negotiate the lein to help you not having to pay back 100 cents on the dollar.
Will I have to go to court for my Florida birth injury case?
Many birth injury cases are settled and resolved, some are not. The main thing that you need to remember is you need to be make sure that your lawyer has experience in both settling and resolving cases, but also has trial experience. If your lawyer doesn’t have good law experience, the defense knows that. You will most likely not be able to get the result that you want to get. Therefore some cases can be settled outside of court and some might need to be settled in court.
Who is liable for damages in my Florida birth injury case?
In a Florida birth injury case it may be the hospital that’s liable, because they’re responsible for their employees. It may be the doctors that have staff priveleges, the nurses, or the technicians. It could be anyone residing within the hospital walls.
Will I have to pay to speak with an attorney about my Florida birth injury case?
Typically, you will not have to pay for an initial consult with a birth injury attorney. Most lawyers will take birth injury cases, as well as other negligence cases on a contingency fee basis. What this means is that when you come in to see me, you don’t pay until the end only if we’re successful and make a recovery. We get paid from the ultimate positive result of the case, i.e. a recovery, therefore we don’t get paid unless you’re successful in making a recovery.
Will my Florida birth injury case settle out of court?
Many birth injury cases do settle out of court, but we let the clients know there’s no guarantee. You want to get a lawyer that’s willing to go the full route for you. You want a lawyer that’s competent and able, has the resources and the dedication and commitment to go the full route. With that siad, you can only hope your case is compelling enough that it will settle, because that’s a guarantee. There are no guarantees in medical malpractice or birth injury cases, so advise you to get a lawyer that’s prepared to go the full route.
What do you need to know about filing a birth injury case in Florida?
There’s a statute in Florida called the Florida Birth Related Neurological Injury Compensation Act, or NICA. The statute says that a birth injury, neurological injury, means an injury to the brain or spinal cord of a live infant weighing at least 2500 grams for a single gestation or 2000 grams for multiple gestations. At birth, the injury has to be caused by oxygen depravation, or mechanical injury in course of labor, delivery, or course of recessitation in the immediate post delivery period in the hospital. The injury must render the infant permanentaly and substantially, mentally and physically impaired. If your infant falls within these parameters, the defense is likely to push you into the NICA act which has severe limitations in regard to recovery, where your case is heard under an administrative law judge instead of a jury of your peers to determine the injury to your child. We at Panter, Panter, and Sampedro understand this statute and do everything in our power to ensure you’re heard by a jury of your peers. The NICA act is a benefit to the defense and not the consumer.
Could cerebral palsy be due to medical malpractice?
Cerebral Palsy often occurs in infancy and early childhood. It permanently affects the body’s movement, muscle coordination and balance. It is alarming that 1 in 10 cerebral palsy cases are found to be due to medical malpractice. Risk factors in cerebral palsy are low birth weight, disruptive blood flow to the brain and body, or an infection within the mother. Negligent factors may include, failure to diagnose, failure to monitor the mother and the fetus, failure to preform a timely c-section, and others. It is difficult to determine whether cerebral palsy is due to medical negligence or is merely a birth defect. This type of analysis requires a detailed review and analysis of the medical records, which is where we start. We obtain all the medical records through the mom, prenatal records, birth records, and the baby’s records and review them with our medical professionals. We do this to help determine whether the cerebral palsy that your child is suffering from is to medical negligence. If this is the case, we work to embark on a medical negligence case and obtain the compensation that your child is entitled to for the rest of their life.