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Personal Injury and Wrongful Death Claims
Our Florida Birth Injury Lawyers at Whittel & Melton know how exciting it is to have a baby, which is why birth injuries are one of the most tragic forms of medical malpractice. A birth injury can be a heartbreaking loss for parents, and we want you to know that we are here for you with considerable knowledge and resources at our disposal to help with your birth injury negligence claim. Injured mothers and the families of injured children deserve justice and we want to help make sure that happens. You can speak with us today to learn more about how we can help you recover for your injuries or injuries on behalf of your injured child.
Our Florida Birth Injury Attorneys at Whittel & Melton handle all birth injury claims that affect mother and baby during pregnancy and delivery, including the following:
When your child is born with an injury, you have so many questions. Was the injury preventable? Who is to blame? What do you do now? How will you pay for your child’s medical needs?
Our Florida Birth Injury Attorneys at Whittel & Melton are here to help provide you with all of the answers you need. We will make sure you understand all of your legal options for recovery.
To start, it is important to understand the elements of a Florida birth injury claim. In order to recover financial compensation, you will need to prove every element of a medical malpractice civil claim set forth by Florida statute.
Your healthcare provider is held to a reasonable standard of care based upon similarly situated professionals in their field of practice. Your obstetrician is held to a different standard than a primary care doctor due to the fact that an obstetrician has specialized knowledge to make specific determinations for your pregnancy and delivery. Your primary care doctor would not be recommended to determine if a C-section or vaginal delivery is appropriate for you, but they would be expected to have knowledge on what is necessary for a healthy pregnancy.
In order to prove the appropriate standard of care, our Florida Birth Injury Attorneys at Whittel & Melton consult with medical experts in all appropriate fields. Should your case go to trial, we may use expert testimony of other obstetricians to explain to the judge and jury the steps they would have taken for patients in similar situations and how your doctor deviated from those standards, which resulted in injury to you or your child.
If your doctor failed to act in a way that detoured from the normal acceptable standard of care, then they breached their duty. Deviations from acceptable care may include:
To be specific, just because your baby was injured during delivery does not mean you automatically have a birth injury claim. If the doctor did nothing wrong, then there is no cause. On the same note, if your doctor made an error, but you suffered no real harm, then there is no causation for a claim. Causation is the link between the doctor’s breach of duty and the injury. In order to prove your case, it must be shown that the doctor caused or contributed to your injuries or the injuries of your child.
It is very common for the defense to claim that the patient is the one to blame for any injuries, and not the doctor. They may also try and say that the injuries were beyond anyone’s control. Our Florida Birth Injury Lawyers at Whittel & Melton can counter the other side’s tactics by collecting strong evidence and researching every angle to develop powerful arguments on your behalf. We will also utilize expert witness testimony to further prove your case.
The answer to this question depends on the cause and extent of the injury or injuries. Our Florida Birth Injury Attorneys at Whittel & Melton can provide you with legal representation if you believe that the injuries that you or your baby suffered were caused by a doctor or hospital’s mistake. We will help you pursue adequate financial compensation for a birth injury claim, and recommend a free consultation first to get more information that can help us secure a successful award.
During our initial meeting we will ask questions like:
Once we collect more information from you we can then suggest how to proceed with a birth injury claim. You have the right to hire the best attorney that suits your specific needs.
Our Florida Birth Injury Lawyers at Whittel & Melton regularly handle complicated birth injury claims for mothers and babies. If you or your child has suffered any of the following complications, we can help.
Our Florida Birth Injury Attorneys at Whittel & Melton handle all of our birth injury claims on a contingency fee basis, which means you do not pay us a penny until we recover a financial settlement or award on your behalf. If we are unable to recover damages for you, then you owe us zero attorney’s fees or costs. In our initial free consultation, we will go over our billing process in depth so that you fully understand how we operate before you retain our services.
We cannot stress this enough: every case is unique, and has its own set of facts and possible damages. We will thoroughly review every aspect of your case to determine what we think it is worth. Some cases may not have sufficient grounds for legal action, while others could be valued at millions of dollars.
Any medical professional or facility that breached their duty of care to your or your child can be sued for their involvement. Nurses, doctors, specialists, hospitals, labs, etc. can all be at fault for your suffering.
We do not recommend that you agree to a settlement or sign any type of agreement with the hospital until you speak with a qualified medical malpractice lawyer. If you sign a settlement agreement, then you waive your rights to any further financial compensation that you may very well be entitled to.
Florida has strict deadlines in place for how long you have to file a medical malpractice lawsuit. Florida’s statute of limitations give you two years from the date you were injured or two years from the date you discovered the injury to proceed with filing a legal claim. There are exceptions for certain cases, but you generally have no more than four years from the date of you or your child’s injury to file a claim.
We are available 24/7 to discuss your medical malpractice claim. You can contact us online or call us at 866-608-5529 to discuss setting up a completely free and confidential consultation.