Our Tampa birth injury attorneys represent families that are suffering because of a fatal error or injury during childbirth. A birth injury may have lasting physical and emotional consequences that last a lifetime. You can hold care providers accountable for the negligence and mistakes that cause harm to a mother or child.

Let our Tampa personal injury attorneys help you claim the compensation that you need and deserve to help your family after a devastating birth injury.

Catastrophic Birth Injury Lawsuits in Tampa, FL

A catastrophic birth injury lawsuit is based on the negligent conduct of medical professionals when providing care. When mistakes occur before, during and after childbirth, devastating injuries can be the result. Bringing a lawsuit holds healthcare professionals responsible for their actions and provides deserved financial compensation for the victim.

A child or an injured parent may claim payment for the economic consequences of a birth injury, including increased medical bills, the cost of care in the future and the pain and suffering that may last a lifetime.

Examples of Birth Injury Legal Claims

If you’re wondering if you may qualify to bring a birth injury lawsuit in Tampa, here are some examples of birth injury legal claims:

  • Failing to identify and respond to signs of distress
  • Cerebral palsy, Erb’s palsy, nerve damage
  • Improper forceps and vacuum use
  • Not ordering a C-section when appropriate; ordering procedures that are not necessary
  • Errors in pain management or anesthesia
  • Hypoxia
  • Neglecting to perform tests that are needed based on signs, symptoms and personal history; inadequate prenatal tests
  • Failing to identify health concerns with the newborn shortly after birth
  • Not properly providing parents with the information they need to make informed decisions about care
  • Insufficient training or experience on the part of the healthcare professionals to provide competent services

Why Work With Jack Bernstein, Injury Attorneys in Tampa?

Our experienced Tampa birth injury attorneys can help you navigate the legal system during this difficult time by providing expert legal advocacy and aggressive representation. Here’s how:

  • Identifying whether negligence has occurred in the case
  • Finding experts to explain to a medical certainty what occurred
  • Documenting the life-long implications of the injuries
  • Establishing the appropriate value of the case
  • Demonstrating how negligence occurred and why it resulted in injuries
  • Legal document preparation, advocacy in the courtroom setting
  • Guidance for taking a claim to trial or accepting a settlement
  • Settlement negotiations
  • Preparation for trial; selecting a jury; presenting the case and making arguments
  • Collection and management of judgment guidance for the child’s best interests

Our birth injury lawyers can handle each step involved in starting the claim through negotiating your final judgment or going to trial. Remember, you have legal rights. Our supportive team of legal professionals is ready to fight for your rights and work to maximize your claim.

Tampa Birth Injury Attorneys Free Consultations

Don’t wait to get justice for your child after a birth injury. Our legal team has decades of experience and a track record of success. We’re passionate about helping victims, and we’re dedicated to helping you and your child with the losses and suffering that come with being the victim of a birth injury.

Our attorneys are accepting new cases in Tampa, Sarasota, St. Petersburg and Clearwater, and there’s no cost for your initial consultation. We’re here to listen to your story and discuss what your claim may be worth. Call or message us today to talk about your case.

Tampa Birth Injury FAQs

Where do I file a Tampa birth injury lawsuit?

Most Tampa birth injury lawsuits are filed in the 13th Circuit Court. The court covers Hillsborough County for claims that involve an amount in controversy of $30,000 or more. If the claim is in the surrounding areas, it may go to one of the following Circuit Courts:

  • 6th Circuit – Pasco, Pinellas Counties
  • 10th Circuit – Hardee, Highlands, Polk Counties
  • 12th Circuit – DeSoto, Manatee, Sarasota

The Hillsborough County Court handles claims in the county that are valued under $30,000. However, because of the life-long implications of most birth injury claims, the claim is typically filed in the appropriate Circuit Court for a higher amount. The claim may be where the victim is located, where the injury occurs or where the care provider has an established place of medical practice.

Our team of attorneys for Tampa birth injuries can help you determine the most appropriate place to file your claim. Contact us today to learn more.

What is the value of a birth injury claim?

The value of a birth injury claim is typically high because of the long-term damages suffered by the victim. An injured child may need hands-on care for the rest of their life. As a result, they may be unable to work or enjoy independence.

The value of a birth injury claim identifies and includes economic losses and expenses, along with an additional amount to represent the suffering and lost opportunities endured by the child. The value of a birth injury claim is subject to state laws that may limit compensation or provide time deadlines to bring a claim.

What are the laws in Tampa for birth injury lawsuits?

Laws in Tampa for birth injury lawsuits come from Florida medical malpractice and negligence laws. Specific laws for medical malpractice, including birth injury claims, are found in Florida law 766.118¹.

However, the Florida Supreme Court ruled that damage caps in these types of claims are arbitrary and unconstitutional. In Tampa, a birth injury victim may bring a claim for compensation if the injury results from the negligent actions or inaction of a healthcare professional. The standard is based on care that the individual can reasonably expect from someone with the care provider’s training, skill and experience.

Does the statute of limitations apply to birth injury claims in Tampa?

Yes, the statute of limitations applies to birth injury claims in Tampa. In fact, Florida law 95.11² creates a special timeline for minors, including newborns, for bringing birth injury claims in the State of Florida. The general rule establishes a two-year time limit for medical malpractice claims. However, a newborn may rely on Tony’s law to bring the claim before the child’s eighth birthday.

It’s essential to speak to our team of Tampa lawyers about time limitations that may apply in your case. Our team works quickly to meet deadlines, and we’re aware of all of the restrictions and exceptions that may allow you to pursue your claim.

Legal References:

¹FLA. STAT. § 766.118 (2020)

²FLA. STAT. § 95.11 (2020)

Tampa Car Accident + Personal Injury Lawyers

Jack Bernstein Personal Injury Attorney

For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.

Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.

Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.

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