The arrival of a newborn should be a wonderful occasion filled with hope and anticipation for the future. However, when medical negligence during labor or delivery results in a birth injury, those joyful expectations can be shattered. Speak with our compassionate Davie birth injury attorney about protecting your rights.
Rosen Injury Law, P.A. understands the profound emotional and financial burdens that birth injuries place on families. Our founding attorney, Eric Rosen, will fight tirelessly to hold negligent medical providers accountable and secure compensation that pays for your losses. Contact our legal team at (954) 787-1500 for a free consultation.
Why Choose Rosen Injury Law, P.A. for Your Case?
Hiring the right Davie personal injury attorney is a significant decision when your child’s life hangs in the balance. If you choose Rosen Injury Law, P.A. to represent your case, you are not just hiring a lawyer; you are adding a trusted partner who will stand by your side dutifully and fight tirelessly for your child’s future.
- Client-centered: We build relationships based on open communication and attention. Our team will keep you informed during the entire legal process.
- Results-focused: We are unsatisfied with settling for the bare minimum. A relentless pursuit of justice drives us to fight for medical expenses, lost wages, pain and suffering, emotional distress, and other damages.
- Advanced training: Attorney Eric Rosen is a Board-Certified Civil Trial Specialist, a distinction held by less than 2 percent of Florida attorneys. This certification recognizes his skills and experience in handling complex litigation.
Your Child’s Injuries Are Not Your Fault
Birth injuries are often preventable. It is expected to feel a range of emotions when they occur due to medical malpractice or negligence. Medical professionals must provide competent care during labor and delivery. When they fail to meet this medical duty, they can be held accountable for the harm they cause.
Birth injuries occur due to various factors, including:
- Delayed delivery
- Failure to diagnose
- Failure to treat
- Medication errors
- Anesthesia errors
- Delivery trauma
- Other negligent actions
Common Birth Injuries
Birth injuries are upsetting and impact a child’s development, and many times, they should have never occurred if it were not for a doctor’s careless actions. Common birth injuries include:
- Brain damage: Brain damage can result in impairments that affect a child for the rest of their life.
- Cerebral Palsy: Cerebral palsy is a neurological disorder affecting muscle movement and coordination, requiring long-term medical care.
- Developmental delays: Birth injuries can cause delays in a child’s physical, cognitive, or emotional development.
- Erb’s Palsy: A condition affecting the nerves in the shoulder and arm, causing weakness or paralysis
These injuries are not your fault. Pursuing a birth injury claim will help you secure the resources your child needs for medical treatment, therapy, and ongoing care, allowing them to reach their full potential.
Learn More About Your Options After a Birth Injury
Our legal team is passionate about pursuing cases on behalf of parents enduring the painful experience of raising a child with a birth injury. Get in touch with Rosen Injury Law, P.A. for your free consultation by calling (954) 787-1500 or messaging us online.
Do You Have a Medical Malpractice Claim in Davie?
If your child has suffered from a birth injury due to medical negligence in Davie, the law provides an avenue for seeking civil justice and compensation under Chapter 766 of the Florida Statutes. Medical malpractice occurs when a physician’s actions fall below the generally accepted standard of care and cause patients harm.
To build a medical malpractice claim around a birth injury case, you must generally prove the following four elements:
1. Duty of Care
Your medical provider owed your baby a duty of care to provide competent medical treatment per accepted standards of care. This standard compares your physician’s actions to another’s in the same or similar circumstances.
2. Breach of Duty
Your doctor breached their medical duty of care by not meeting generally accepted standards. This breach is usually some form of negligence that should have never happened, such as failing to treat or diagnose.
3. Accident Causation
Did your doctor’s breach directly caused your child’s injuries? This element requires you to prove a causal link between the medical professional’s actions and the harm suffered by your child. Evidence, such as professional background, surgical notes, and more, will be used to determine causation.
4. Damages
Your child suffered damages as a result of the birth injury, such as medical expenses, future care costs, lost earning capacity, pain and suffering, and emotional distress.
Proving medical malpractice is challenging and requires thorough knowledge of medical procedures, healthcare standards, and complexities of birth injury litigation. Hiring an experienced Davie birth injury attorney is crucial to navigating these challenges and protecting your child’s rights. Rosen Injury Law, P.A. will help your family throughout the entire process.
Florida Imposes Short Deadlines on Medical Malpractice Claims
Medical malpractice claims are subject to deadlines in Florida. If you hire us for your case, our legal team will help you keep your case on track by observing the following deadlines:
90-Day Notification Deadline
Florida Statutes § 766.106 requires that you provide notice of intent to initiate litigation to the medical provider at least 90 days before filing a civil lawsuit. This notification allows the healthcare provider to investigate the claim and potentially settle it before litigation.
Two-Year Statute Of Limitations
Florida Statutes § 95.11 impose a two-year statute of limitations for medical malpractice claims. The time clock starts from the date of your injury or when it was discovered.
Keep Your Case on Track
Missing deadlines will result in a loss of your compensation rights. The Davie birth injury attorney at Rosen Injury Law, P.A. will ensure your case complies with all deadlines and civil rules that support a stronger case for your child’s rights and future.
Your Family Deserves to Heal
Florida’s legal system affords you compensation rights if a doctor breached their duty of care and caused your child’s injuries. Ensure you know how to exercise these rights if you have questions about using them with a Davie birth injury attorney. Eric Rosen will help your family secure the civil justice you deserve. Get legal advice about your situation at no cost or obligation to hire. We will analyze your case, discuss your options, and answer any questions. Start a conversation with Rosen Injury Law, P.A. by calling (954) 757-1500 or messaging us below.