Call Us 24/7

See How Our Attorneys Can Help You






Are We Too Late To File A Birth Injury Lawsuit?

Are We Too Late To File A Birth Injury Lawsuit?

Birth Injury Lawsuit

Time is of the essence in medical malpractice negligence birth injury lawsuit cases, partly due to how Florida law is structured. The Florida Statute of Limitations (Chapter 95, Florida Statutes), allows only two years from the date medical malpractice negligence (including malpractice involving birth injuries) is discovered, or should have been discovered with the exercise of due diligence.1 The statute also notes in detail that in no event can a legal action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, with the exception that the 4-year period will not restrict an action brought on behalf of a minor on or before the child’s eighth birthday.1

As caring for an infant with birth injuries can not only be overwhelming and exhausting, making the time to find an expert birth injury lawsuit lawyer or legal team may be difficult. However, seeking legal help offers many benefits, including ensuring fair financial compensation.

Developing a medical malpractice negligence birth injury lawsuit in the state of Florida within the statute of limitations takes time. Florida birth injury lawsuit attorneys must not only meet the mandatory legal requirements of a pre-suit investigation that includes obtaining a written review by a medical expert prior to filing suit,2 but they must also have sufficient time to do a thorough legal investigation. This enables them to develop solid birth injury lawsuit cases that maximize the justice and compensation a child, mother, and/or family receives.

Medical malpractice negligence birth injury lawsuits generally take between several months and a few years. Unfortunately, approaching a doctor or hospital directly in an attempt to save time is generally not a good strategy when dealing with medical malpractice negligence birth injuries. According to record-breaking Miami birth injury attorney Richard “Bo” Sharp of Mallard & Sharp, P.A., contacting the negligent party or parties directly is highly unlikely to produce the results you need to ensure the financial compensation needed to provide care for your birth-injured infant’s needs now and into the future.

“If you think your baby was the victim of medical negligence, do not expect the doctor or hospital who caused your child’s injury to admit fault and take responsibility for their actions…they won’t. In nearly all cases where a baby is the victim of medical malpractice, the child and family will never be compensated for their injuries unless they hire an attorney,” states Sharp.

Richard “Bo” Sharp, Esq. and Mallard & Sharp, P.A.’s goal is to obtain justice for families whose infant has been the victim of a medical malpractice negligence birth injury. Mallard & Sharp, P.A. is dedicated to providing all clients with the path to justice and financial recovery. The firm continually handles cases that involve infant or maternal birth injuries, medical malpractice, and negligent security, as well as any other acts of provable negligence that have caused catastrophic injuries or wrongful death to individuals.

For additional information, or to inquire about expert legal representation for a potential medical malpractice negligence birth injury lawsuit case within the statute of limitations, contact Mallard & Sharp, P.A. at 305-461-4800.



No Comments

Sorry, the comment form is closed at this time.