Burden of Proof In Birth Injury Medical Malpractice Lawsuits
Like every type of personal injury lawsuit in Florida, birth injury medical malpractice lawsuits require that the victim (the injured plaintiff or that plaintiff’s representative) prove that negligence occurred, and as a result, damages resulted. This is known as the burden of proof.
Under Chapter 768 of the Florida statutes, the burden of proof requirement is as follows:1
768.725 Punitive damages; burden of proof.—In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages. The “greater weight of the evidence” burden of proof applies to a determination of the amount of damages.
Obtaining and documenting “clear and convincing” evidence takes time, knowledge, and skills. Time is of particular importance due to the Florida Statute of Limitations (Chapter 95, Florida Statutes), which allows only two years from the date medical malpractice negligence (including malpractice that involves birth injuries) is discovered, or should have been discovered with the exercise of due diligence, with particular exceptions that include actions brought on behalf of a minor on or before the child’s eighth birthday.2
Florida birth injury lawsuit attorneys must also meet the mandatory legal requirements of a pre-suit investigation that includes obtaining a written review by a medical expert prior to filing suit.3
Making the time to find an expert birth injury medical malpractice lawsuit lawyer or legal team may be difficult, as caring for an infant who has a birth injury can be overwhelming and exhausting. However, seeking legal help as soon as possible offers many benefits, including better potential opportunities to ensure justice and fair financial compensation by providing sufficient time for a thorough legal investigation.
Lawyers who are well versed in birth injury medical malpractice lawsuits — or especially in specific types of birth injury medical malpractice lawsuits — are likelier to provide advantages in the areas of time, money, assistance, and results.
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 record-breaking 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.
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