Certain requirements must be met in Florida to file a birth injury case
Orlando, FL – Parents in the sunshine state who think that a healthcare professional did not exercise reasonable care during the birth of their child have legal remedies available to them. A negligent doctor or nurse can be sued for causing the birth injury, and the individual or their employer will have to pay for additional treatment and all other costs associated with the injuries.
Florida’s rules to file a medical negligence lawsuit
Florida has medical malpractice laws that are favorable to anyone who believes that their doctor has made a mistake and caused injuries during a procedure, including giving birth. The plaintiff must do certain things when bringing a case, which should be completed with the help of a licensed attorney.
There are several pre-lawsuit requirements that are required, which are similar to other states’ requirements to prove medical negligence, which tends to be more complex than standard civil negligence cases.
The first is a basic investigation before the case is brought. This is meant to show that the party filing the case can give some information about how medical negligence happened, and the investigation must also show that this lapse in judgement was an actual cause of the injury.
The second step is to file a sworn statement or affidavit from an expert in the field. The expert must agree with the victim and their attorney through a specific finding that the doctor’s mistake provides reasonable grounds to believe that the actions in question were related to the victim’s injuries and losses. The opinions of the expert must be in writing and attached to the affidavit. The expert must also be a licensed healthcare professional who works in a similar field to the defendant, which would give them specific knowledge of the procedure in question. In the case of birth injuries, this would likely mean that the expert has worked in some kind of capacity delivering babies or caring for newborn children.
The last requirement under Florida law is a notice of intent. This must be served to the defendant before the lawsuit is formally filed. The statement and affidavit from the expert also needs to be included with this notice of intent. The defendant has to be given notice of other healthcare professionals that have treated the victim recently, along with their relevant medical records. As the name implies, this puts the defendant doctor or provider on notice, and allows them to start to examine the evidence against them.
Starting the process to bring a civil negligence case
USAttorneys.com is a directory available to victims of medical malpractice and birth injuries in Orlando or anywhere else in Florida. Potential litigants can find the right local lawyer to help bring their case.
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