LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
March 19, 2024
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
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✓ Editor
As a parent, your child’s safety is of the utmost importance to you. Unfortunately, when it comes to giving birth, there is very little that is in your control throughout that process and you have to put your trust into the medical professionals helping your child come into the world. If your child suffered a birth injury due to the negligence of the medical professionals you trusted to help you, you may have the legal right to pursue justice by filing a medical malpractice claim.
At Hersh Kirtman Injury Law, our medical malpractice lawyers understand that a case involving the harm of a child is one that must be handled with sensitivity and care. Our goal is to help you and your family achieve justice and peace of mind knowing that the party whose negligence led to your child’s birth injury is being held responsible for their actions. Our trusted Florida lawyers have a track record of success and are passionate about protecting your rights and interests throughout the entire legal process.
When Can You File a Medical Malpractice Claim After a Florida Birth Injury?
When you welcome your child, you deserve to feel secure knowing that you are working with a team of highly trained medical professionals who will do everything in their power to care for you and your child throughout the process. Unfortunately, not all medical professionals uphold the duty of care owed to the patients, and as a result, an infant may suffer a birth injury. Some common examples of medical malpractice that can lead to birth injuries include the following:
- Improper training of hospital staff
- Failure to monitor fetal vitals
- Insufficient oxygen levels
- Improper medication of the mother
- Improper use of hospital equipment
- Failure to follow delivery procedures
- Lack of adequate communication amongst medical professionals
These negligent actions can cause newborn children to suffer cerebral palsy, head injuries, hypoxia, or other types of birth injuries. When you work with a lawyer, they will launch a full investigation into the case to identify who may be responsible for the harm your child suffered during birth, whether there was care and treatment that fell below the prevailing standard of care, and whether that substandard care caused the harm. The individuals who may have caused harm include the doctor delivering your child, other physicians involved in the delivery or post-birth care, a nurse, a technician, or another healthcare professional involved in any step of the delivery and care whose negligence caused the birth injury.
To prevail in a medical malpractice action involving an injury at birth, the claimant must still prove the four elements of negligence:
- The liable party owed a duty of care
- The duty of care was breached
- The breach of duty led to your child’s birth injury
- You and your child suffered injuries and losses as a result
Working with an experienced lawyer who understands medical malpractice law in Florida is crucial. Florida’s Medical Malpractice Act is unique and distinct, imposing upon claimants various obligations, requirements, and steps that must be met before a lawsuit may be filed, which obligations, requirements, and steps do not apply in other forms of injury or wrongful death cases. Among several other things, a claimant seeking to pursue a medical malpractice action in Florida must have all records reviewed by an expert, who must provide a written opinion that malpractice occurred and caused harm. Medical malpractice actions in Florida are, therefore, complicated and should involve an attorney with experience in this area of the law.
In addition, when the potential medical malpractice action involves a birth injury, it is important to consult with an experienced and knowledgeable attorney because the claim may be implicated by the Florida Birth-Related Neurological Injury Compensation Association (NICA). NICA pays for healthcare for children born with certain birth injuries in Florida. If NICA applies, it provides compensation for certain injuries without requiring that fault be proven. The injuries subject to NICA are neurological injuries to the brain and spine. Because not all birth injuries are subject to NICA, it is important to have an attorney evaluate the potential claim and advise as to all available legal options.
Get Justice for Your Child and Contact a Florida Birth Injury Lawyer Today
Nothing is worse for a parent than learning that their child has been harmed due to another party’s negligence. If your child has suffered a birth injury due to medical malpractice, our team of legal professionals is here to help you get justice.
At Hersh Kirtman Injury Law, we provide clients with the trusted representation they deserve as they take legal action after their child has suffered a birth injury. To schedule a free case evaluation with one of our birth injury lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.
