If an instance of medical negligence resulted in your child’s birth injury, you might be eligible to file a malpractice lawsuit or birth injury case against the doctor, nurse, or another healthcare professional who oversaw the pregnancy and birth. In some cases, the healthcare facility can be liable, as well. A Tampa birth injury lawyer is here to guide you through this complex process.
You could recover compensation for the consequences of your child’s injuries, including present and future medical expenses, pain and suffering, and emotional trauma when medical malpractice occurs. At Distasio Law Firm, our team of skilled personal injury attorneys are committed to helping our clients seek damages and hold liable parties accountable for birth injuries and other negligence with a medical malpractice lawsuit. A complimentary consultation is available with our team 24/7.
Steps Our Birth Injury Lawyers Will Take in Your Malpractice Case
Taking legal action after discovering that your infant suffered injuries at birth is a financially and emotionally draining task. Nevertheless, it may be vital if your child needs medical care now and possibly in the future because of the injuries. Our team at Distasio Law Firm is ready to take the legal burden off your shoulders as soon as you retain us. Among our many services, we will:
- Offer a free consultation, during which we will take note of any information you can provide us
- Identify potentially liable parties
- Collect evidence from your child’s medical records, witness testimony, and other sources
- Work with a qualified third-party medical professional to verify that negligence occurred
- File the necessary paperwork along the way
- Communicate with involved parties for you
- Negotiate for a settlement that addresses all of the damages your family faces
Our award-winning lead attorney, Scott Distasio, is Board Certified in Trial Law in Florida and unafraid to take negligent healthcare providers to court when necessary. We want to advocate on your family’s behalf in every way possible.
Hear from Previous Clients We’ve Served in and Around Tampa, FL
Our lead birth injury attorney has served the Greater Tampa Bay community for over three decades. During this time, we’ve had the honor of receiving reviews like these from the families we’ve helped:
“I would choose Scott again without hesitation! In a stressful situation Scott brought reassurance, creativity, compassion, and confidence. He is assertive yet calm, which resulted in a win in my favor. He listens, and then acts. It’s clear he is an experienced trial attorney, and is well respected by the court system.” – Karen A.
“I knew that I could call or email at any time and Scott or Leslie would have answers for me. Thank you both for working with me to create a positive ending.” – Lynn L.
“They insured that I was well informed and supported during every stage of my case. I appreciate the honesty and the extra amount of time they took with me, even when they didn’t have to.” – Cynthia S.
Medical malpractice cases are not easy to handle on your own, especially when they involve injuries to your infant. We strive to show each client we serve the Distasio Difference when handling their case. This means transparent and honest communication from beginning to end.
We also want our services to be as accessible and worthwhile as possible, which is why we charge you nothing unless we recover compensation from the liable parties. Our team would be happy to discuss this further during a complimentary review of your case.
Understanding the Burden of Proof for Medical Malpractice in Birth Injuries
A birth injury is an injury that an infant suffers during the birthing process due to medical complications. In some cases, these injuries are unavoidable and may be considered a risk associated with the delivery process. These risks are things that most parents are aware of or even advised of by their doctors.
However, many birth injuries are not natural or part of the overall delivery process. These are typically caused by doctor, nurse, or hospital negligence and can lead to the infant incurring irreversible, even fatal, side effects and symptoms.
Because of these complex circumstances, Florida enforces strict laws to protect medical care providers and facilities from unwarranted malpractice claims and lawsuits. At the same time, this means your case must meet specific requirements to move forward. For example, you must have the support of a third-party medical professional.
Seeking a Pre-Suit Medical Malpractice Affidavit
As Florida Statutes § 766.203 outlines, you must present a signed affidavit from a qualified third-party healthcare provider when filing a medical malpractice case. This affidavit should detail the negligence that occurred and connect it to the birth injuries your child suffered. Examples of such negligence include:
- Improper use of birthing tools
- Failure to diagnose pregnancy or birth complications
- Allowing the infant to remain in the birth canal too long
- Proceeding with a vaginal delivery despite the size of the baby or other issues
- Mishandling of the baby after birth
Our seasoned Tampa birth injury attorneys understand the importance of this step in a medical malpractice case, which is why our team takes care of finding a qualified professional to complete this affidavit. As a result, you will not have to worry about this or any other phase of your case.
Common Birth Injuries to Sue For in Tampa You Have a Right to Hold Negligent Medical Care Providers Accountable
We know you worked hard to choose the right obstetrician and medical team to take care of your child before, during, and after their birth. Unfortunately, this does not always mean you will receive the care you deserve. Your healthcare providers may have made negligent errors, leading to a birth injury. Alternatively, circumstances may have caused another doctor to oversee the pregnancy and birth, resulting in improper care.
Our medical malpractice team represents families like yours, whose infants suffered birth injuries in Tampa due to negligence. These injuries can vary in severity, and some have long-term consequences, such as:
- Brain damage
- Spinal cord damage
- Nerve damage
- Muscle damage
- Cerebral palsy
- Facial paralysis
- Untreated jaundice
- Hyper Ischemic Encephalopathy (HIE)
- Erb’s palsy
- Fractured collarbones
- Shoulder dystocia
- Meconium aspiration
- Bacterial meningitis/GBS positive
- Wrongful Death
If your infant suffered one of these or other effects due to a birth injury, our team of knowledgeable Tampa lawyers want to discuss your case right away. You deserve the opportunity to hold the liable parties accountable and recover compensation to help your child receive the medical care they need.
Liability for Tampa Birth Injuries
If your family hopes to hold the liable party accountable and recover maximum compensation for your suffering, we will need to establish liability. Your medical malpractice attorney in Tampa will be responsible for showing that the defendant has breached the medical standard of care. This breach means they made a medical error that another healthcare provider of similar job training, experience, and education would not have made.
There are many different types of healthcare providers who could share fault for your newborn’s birth injuries. Some common parties named in Tampa birth injury claims include:
- X-ray technicians
- Nursing assistants
- Medical device manufacturers
- Birthing centers
- Prenatal care providers
You may have the opportunity to file a claim against the facility where the malpractice took place. However, pursuing claims against these facilities can often be complex, as the respective healthcare providers may not always be considered employees of the facilities. If you have questions or concerns surrounding who could be at fault for your birth injury in Tampa, do not hesitate to contact our office to discuss the details of your case.
Calculating the Value of Your Birth Injury Claim in Tampa
To determine what your Tampa birth injury medical malpractice claim is worth, your attorney will need to go over your damages in great detail. You may be surprised to learn that you have the right to be compensated for a variety of losses that do not have a fixed monetary value.
These losses are often referred to as non-economic damages. Non-economic damages may not have financial worth, but they could be assigned one by your attorney to reflect their impact on your life. For example, some types of non-economic damages in Tampa birth injury claims include:
- Physical pain and suffering
- Emotional distress
- Loss of love and companionship
- Loss of guidance and support
- Loss of society and advice
- Diminished quality of life
- Skin scarring and disfigurement
Your family also has the right to recover your economic damages. Economic damages are easier to quantify, as they already have a fixed financial value. Some common economic damages you could recover in your birth injury claim include:
- Diminished earning capacity
- Hospital bills
- Cost of diagnostic imaging
- Costs of medical treatment and ongoing care
- Prescription medication fees
- Costs of physical rehabilitation
- Costs of mental health counseling
- Medical equipment fees
- Loss of income
- Costs of increased insurance premiums
Call a Tampa Birth Injury Attorney for a Free Consultation
Medical malpractice cases are subject to several different deadlines, so we encourage you to reach out to a Tampa birth injury lawyer as soon as you can to get started. Distasio Law Firm wants to make the most of the time we have before the statute of limitations expires on your right to file a birth injury lawsuit.
Medical malpractice cases are subject to several different deadlines, so we encourage you to reach out as soon as you can to get started. Distasio Law Firm wants to make the most of the time we have before the statute of limitations expires on your right to file a birth injury lawsuit.
You can reach us at our Tampa office on Channelside Drive today. We’ll provide a free and confidential case assessment and answer any questions you have about what our birth injury lawyer can do for your family. We won’t ask for any fees unless and until we achieve a financial outcome for you.