No Recovery, You Owe Us Nothing
Florida statute establishes the elements of a medical malpractice civil claim. In order to win compensation, you must prove each element of the claim.
Searcy Denney has been assisting Florida patients injured by negligent doctors for over 40 years. Our lawyers have helped countless families recover damages for their injured babies. Our Florida birth defect attorneys recognize the importance of having the financial means to give your injured child every opportunity in life and we do all we can to make that possible.
Below are the elements of a birth injury claim.
Duty of care is established by virtue of the patient-doctor relationship. Your obstetrician, anesthesiologists, delivery nurses and other medical professionals and facilities owe you a duty of care under the law.
Your health care providers’ duty of care is based upon the reasonable standard of care expected of a similarly situated professional. For example, your primary care physician is not expected to have the same level of specialized knowledge as your obstetrician. Therefore, she or he might not be able to recommend whether a vaginal or C-section delivery is appropriate. However, your primary care doctor should be expected to know that folic acid is vital to a healthy pregnancy.
To prove standard of care, our medical malpractice lawyers consult with experts in the appropriate fields. At trial, we may introduce testimony of obstetricians who explain to the jury what steps they would have taken in the same situation and in what ways your doctor’s actions deviated from those steps.
Your doctor breached his or her duty if the doctor acted or omitted to act in a manner that deviated from the expected standard of care. An omission might include:
An action that might constitute a breach of duty might include:
Causation refers to the link between the injury and your doctor’s breach of duty. You do not have a valid claim just because your baby was injured during delivery if your doctor did nothing wrong. Likewise, your doctor may have made an error, but you suffered no real harm. To prevail, you must show that the mistake your doctor made directly caused your injuries or our child’s injuries.
Commonly, the defense claims the patient is to blame for his or her child’s injuries or that the injuries were beyond anyone’s control. Our lawyers counter these tactics through extensive research, well-organized arguments, strong evidence and the testimony of experienced expert witnesses.
Damages equal the amount of actual loss you suffered. Economic damages include lost income, medical bills, and future medical care. , disabilities, pain and suffering. Noneconomic damages refer to “human damages from pain, suffering, disability, loss of consortium and other similar damages.”
Learn what you need to prove to win a judgment against the doctors and health care providers who injured you or your baby. Schedule a free consultation with Searcy Denney. To alleviate the burden on your family, our medical malpractice lawyers take your claim on contingency.