Best Birth Injury Lawyers in St. Petersburg, FL

FAQs

• Can individuals sue volunteer physicians for birth injuries in St. Petersburg?

  Yes, if their medical conduct that resulted in the birth injury is considered willful or wanton misconduct. If the plaintiff can demonstrate that the physician acted in bad faith, the physician is liable for damages. However, if the medical practitioner acted in good faith, they are not liable for medical malpractice under the Florida Volunteer Protection Act. This information is critical because St. Petersburg has two non-profit hospitals.

• Are plaintiffs able to file a medical malpractice case against a St. Petersburg healthcare provider immediately?

  No, state law requires plaintiffs to prepare an affidavit. This document contains an opinion from a qualified medical expert who states that the healthcare provider did not meet the expected standard of care. Plaintiffs must also notify the defendant. This notice must be served at least 90 days before the malpractice lawsuit is filed in court.

• What types of damages are recoverable for plaintiffs in a St. Petersburg birth injury case?

  Economic and non-economic damages are examples of awards made to birth injury victims. These damages assist plaintiffs in managing the costs of medical treatment, lost income, and emotional distress. Victims are also awarded punitive damages. The purpose of such damages is to punish defendants and deter similar behavior in the future.

• Is there a law that limits the liability of St. Petersburg physicians in cases involving birth injuries caused by neurological damage?

  Yes, the Florida Birth-Related Neurological Injury Compensation Plan shields doctors from legal action when an infant suffers brain damage. This protection extends to situations involving neurological injury, such as labor and delivery. Cases involving convincing and clear evidence of bad faith behavior, as well as willful ignorance of human rights, are legal grounds for a lawsuit. Plaintiffs may file a claim with the Neurological Injury Compensation Association, or NICA, to receive compensation for such injuries.

• What rules are present when it comes to expert witnesses in a St. Petersburg birth injury case?

  The expert witness who testifies on behalf of the plaintiff in a birth injury case must be a specialist in the field in which the defendant works. If the potentially liable individual is, say, an obstetrician, the expert witness should have similar medical experience. Furthermore, they must have spent the previous three years either:

  • As a clinical practitioner. 
  • As a medical consultant. 
  • As a clinical instructor at an accredited healthcare school.
  • As a clinical researcher in the same field.