If you have lost a child or mother during childbirth, you may have a legal claim. Our experienced Florida birth injury lawyers at Maderal Byrne & Furst PLLC can represent you.
When a death occurs during childbirth, it is an unimaginable tragedy. If you suspect that the death may have resulted from poor medical care, it can be even more painful. When you need help and answers, the Maderal Byrne & Furst Florida birth injury lawyers are here to help.
Why File a Wrongful Death Claim for a Fatal Birth Injury?
You may be wondering what to do. You may not be sure if a birth injury legal action is right for you. Here are some things that a case may accomplish:
- Compensation that reflects the loss that has occurred
- Discovery of evidence that can answer questions about what happened
- An investigation into the actions of each person involved
- Determination of who was at fault and accountability through the legal process
- Payments may cover medical expenses, mental health treatment, and suffering
- It sends a message that medical malpractice is wrong and should never occur
As legal representatives for families who have lost a loved one in childbirth, we want to understand your goals. Our team can explain the legal process and what to expect from a case.
Can a doctor be legally responsible for a death during childbirth?
Doctors have a legal responsibility to provide adequate medical care at all times. If they fail to provide adequate care, they may be legally responsible for a death during childbirth.
What is the statute of limitations in Florida for infant wrongful death?
The statute of limitations in Florida for an infant wrongful death is two years. Exceptions may apply. (Florida Statutes § 95.11).
What is medical malpractice causing infant death?
Medical malpractice causing infant death consists of the following elements:
- The doctor had a legal duty to provide adequate medical care (Doctors always have this duty to their patients)
- An act or omission occurred that was not up to the reasonable standards of an ordinary professional and the prevailing standards of care
- Infant death occurred
- The death was the result of the substandard medical care
Physicians and healthcare professionals provide medical care during childbirth. As healthcare providers, they are responsible for maintaining reasonable standards of skill and attention. Surviving family members may bring a legal claim when medical malpractice results in an infant’s death.
Legal Liability for Birth Injury Resulting in Death
Examples of legal liability for birth injury causing death may include:
- Too much pressure while using instruments, including vacuum extraction
- Failing to order a C-section when necessary
- Not adequately monitoring vital signs and reacting when there are signs of hypoxia, asphyxia, and other distress
- Ignoring signs of distress after birth
- Excessive bleeding
- High blood pressure, infection, or stroke following pregnancy
- Not adjusting the birth plan because of personal risks and warning signs
Can you sue if your baby dies shortly after birth?
If your baby dies shortly after birth, you may sue. You may claim compensation for financial expenses, loss of family relationships, and grief. There is a wide range of economic and non-economic compensation available. While it cannot undo what has happened, it can bring justice and accountability.
Can a perinatal death lawsuit be based on failure to act?
A perinatal death lawsuit can be based on failure to act or an affirmative action. Negligence is action or inaction when it amounts to failing to abide by a reasonable standard of care.
Experienced Legal Representation in Infant Death After Birth Cases
Maderal Byrne & Furst is a team of former federal prosecutors. We believe that families deserve outstanding legal representation. Healthcare companies have large teams of lawyers to represent them. You deserve lawyers who can capably go against them. Our lawyers are accomplished litigators with a track record of groundbreaking results. We never give in.
We handle cases of all complexities. When an infant or maternal death occurs in your family, you need a team of experienced lawyers who can handle the many aspects involved in getting justice. Whether it is investigating, filing legal documents, or arguing your case at trial, we are prepared to represent you with excellence.
Handling Claims Throughout Florida
We accept cases throughout Florida. Each case is prepared with a customized legal strategy based on thorough representation. We carefully gather the medical documentation and testimony to show that a childbirth death resulted from the wrongful actions of medical care providers. Then, we present evidence of the appropriate amount of compensation.
Through years of experience, we understand how large healthcare providers respond to these claims. We are committed to protecting your rights as leaders in pursuing justice for your family.
Taking New Cases – Free Consultations
The Maderal Byrne & Furst Florida birth injury lawyers are handling new cases now. We represent families facing an infant’s death during or after childbirth or the loss of the mother.
We understand that you are grieving. Our team of professionals wants to provide answers to your questions and help you in any way that we can. Call or message us to learn more and start your case.