Having a baby is supposed to be one of the best times of your life. However, healthcare provider negligence can turn your whole life upside down when something goes wrong, leaving you confused and resentful.
You have the right to seek damages if a doctor or other certified healthcare provider or facility caused you or your baby harm. Speak with an experienced Clermont birth injury lawyer today to learn more. Our medical malpractice attorneys are ready to help.
Childbirth Injuries and Complications
Some examples of childbirth injuries and complications include the following:
A Clermont attorney could investigate to determine the cause of a birth injury and liable party and help collect the maximum potential award for damages.
Establishing Breach of Duty in Birth Injury Cases
Establishing that the physician or other licensed healthcare provider acted in a manner that deviated from the acceptable standard of medical care is necessary to show a breach of duty. Breach is one of the essential elements needed to secure damages from the liable party. The elements necessary to establish the fault of a physician or other medical professional include:
- The duty of the doctor to provide adequate care
- Breach of responsibility
- The violation caused the patient to sustain damages
- Proof of verifiable damages
If the case lacks evidence to prove each component to the court successfully, the court will not award compensation.
Affidavit of Merit
State laws require filing an Affidavit of Merit for cases resulting from medical malpractice. Under the guidance of Florida Statutes § 766.104, the claimant must seek the assistance of certified medical care professionals trained or practicing in the same or similar areas of the medical field.
The expert witness must review the case specifics and complete an affidavit certifying they reviewed the evidence and found the defendant failed to provide the standard of care. They must also state the healthcare provider’s violation caused the person to suffer damages and losses. Failing to file the affidavit with the civil claim will likely result in the court throwing out the case unless they grant an exception.
Notice of Intent
State statutes require the claimant to serve the medical care provider with a notice of intent to alert them of their intention to seek damages. The notice must also include a copy of the Affidavit of Merit completed by the expert witness.
Time Limit to File a Lawsuit
State medical malpractice laws require a person to file a lawsuit against the healthcare provider within two years of the date the injury occurred. When they do not know of the damages immediately, the time begins the date they reasonably discover negligence caused them harm.
However, the maximum time to file lawsuits is four years, regardless of when parties discover the damages. A birth injury lawyer in Clermont could take on the legal work, including working with a professional witness to complete the affidavit on the plaintiff’s behalf.
Call a Practiced Birth Injury Attorney in Clermont
Birth injury cases and other medical malpractice claims are among the most complicated lawsuits and require additional steps. Working with a legal professional can relieve you from some of the stress and help you hold the medical professional financially accountable for their actions.
A compassionate Clermont birth injury lawyer understands the extreme pressure you and your family feel. We could guide you through the recovery process and fight for a fair award for damages. Call soon to review your case and begin preparing your claim immediately.
