FAQ

Questions About Birth Injuries or Cerebral Palsy?

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Birth Injury Law Questions in Miami, Florida

Find answers to your questions about birth injury law with help from Farrell, Patel, Jomarron & Lopez.

Do I have a case for a birth injury lawsuit?

Birth injuries caused by the medical negligence of a hospital or health care professional are legally actionable. This means parents can sue the responsible parties if their actions or inactions caused injury to their child.

A birth injury can be caused by medical malpractice. Parents and children are entitled to money damages or other compensation if a doctor, nurse or hospital failed to act in accordance with the acceptable medical standards of care and an injury occurred as a result. The standard of medical care is determined by other doctors, not lawyers, judges or juries.

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How do I know if a birth injury was caused by medical malpractice?

Not all injuries to mothers and newborns are caused by medical malpractice. However, if the injury was caused by a preventable medical mistake, then parents are entitled to money damages to help them provide for their child with an injury, a disability or special needs.

It is not always obvious when a preventable error caused a birth injury. Unfortunately, doctors and hospitals will not admit to parents that mistakes were made. If your child was born with cerebral palsy, Erb’s palsy, brachial plexus injury or a brain injury due to hypoxia (lack of oxygen), a medical mistake may have occurred.

In Florida, a birth injury or medical malpractice lawsuit must be accompanied by an affidavit (sworn oath) of an independent doctor who has reviewed the medical records. If the expert doctor determined a preventable, medical mistake occurred, he or she must file the affidavit as an expert opinion with the lawsuit.

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How do I know if a preventable birth injury occurred?

At Farrell, Patel, Jomarron & Lopez, we offer free consultations for potential birth injury claims. Call our office or fill out our online form and our staff will get in touch with you if your child is exhibiting birth injury warning signs or symptoms of cerebral palsy. We can help you obtain all the medical records from the hospital. After our initial review, if we believe medical negligence may have caused a birth injury, we will send the records and documentation to medical experts for their opinion. We do not charge any money for these reviews.

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Is there a time limit to file birth injury lawsuits?

In Florida, the statute of limitations is two years for medical malpractice from the date of the injury. However, different situations may have even shorter time limits. If your child was hurt in a government hospital, for example, the time limit to make a claim may be much shorter. The only way to know the actual time limit to file your case is to speak with an attorney in person. Call our office to speak to birth injury attorneys as soon as you suspect something is wrong.

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Why do I need a birth injury lawyer?

Hospitals, medical insurance companies and pharmaceutical industries have teams of lawyers ready to defend against all cases and claims. They will not admit mistakes, and they will do everything in their power to deny your claim. You need a lawyer who has the resources to fully investigate your birth injury claim and to have objective expert medical doctors review the case.

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What can money from a lawsuit do for my child?

Money damages or compensation from a birth injury lawsuit cannot undo what has happened to your child and your family. The only thing it can do is help to ease your lives moving forward. Money from a lawsuit can pay for:

  • Hospital bills, medical bills, doctor bills
  • Lost wages and income from parents if they must stop work to care for their child
  • Rehabilitative care for the child’s future, including physical therapy, speech therapy and special educational needs
  • Adjustments or modifications to a home or vehicle; for example, if wheelchair ramps are necessary
  • Pain and suffering of the parents and children

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Additional questions about birth injuries?

If you have additional questions about a suspected birth injury, medical malpractice or medication injuries in pregnant women and children, contact our birth injury lawyers today by phone or by filling out our online contact form. We have offices in Miami, Tampa and Houston, and we do not charge any money to review your case and discuss what options might be available to your family.