If you or your child experienced a birth injury in Oviedo, you might be eligible for compensation for your losses. A birth injury can harm the baby or the mother. Regardless of who gets hurt, there is only a short time window to file a lawsuit seeking monetary damages. If you miss the deadline, you could lose the right to go after the negligent party.
An Oviedo birth injury lawyer can explain your legal rights and take legal action. The Law Offices of Anidjar & Levine offers free consultations in these cases. You can call us.
Florida’s Birth-Related Neurological Injury Compensation Plan
Many birth injury claims involve neurological harm to the spinal cord or brain of a newborn because something went wrong during labor and delivery or soon after delivery. Florida law allows eligible people to get compensation for birth-related neurological injury claims without having to present evidence that proves whose fault caused the harm.
The Florida Birth-Related Neurological Injury Compensation Plan provides compensation when the baby sustains substantial, irreversible impairment because of oxygen deprivation or another factor. Health care providers pay into the program, and then the plan pays financial damages to people who qualify.
Compensation Plan Prevents Most Other Types of Lawsuits
The Florida Birth-Related Neurological Injury Compensation Plan takes the place of a traditional medical malpractice lawsuit one might file against a doctor, hospital, or another medical professional or health care facility. You cannot make a claim under the
plan and file a medical malpractice action. The plan is the exclusive remedy for cases that meet its requirements.
The statute provides some exceptions to the general rule of exclusivity, however. You might be able to file a civil lawsuit if you can establish that the negligent party:
- Acted in bad faith,
- Had a motivation of malice, or
- Exhibited an intentional and outrageous disregard for the safety of others.
The civil lawsuit would have to get filed before a binding decision under the plan. Also, if you collect money from the plan, you cannot file a civil lawsuit.
To learn more and receive a free consultation, call the Oviedo personal injury lawyers.
Contact an Oviedo Birth Injury Lawyer
You do not have to sort out the statutory requirements to determine if you are eligible to pursue compensation under the Florida Birth-Related Neurological Injury Compensation Plan or a traditional medical malpractice lawsuit. At the Law Offices of Anidjar & Levine, we take care of the legal matters so that our clients can focus on rebuilding their lives.
You do not have to pay up-front legal fees to get our help. We handle birth injury cases on a contingency-fee basis, which means that our legal fees come out of the settlement proceeds or award at the end of the matter. We do not get paid until you win.
Florida law does not force you to work with an Oviedo birth injury lawyer, but it can be a wise decision to do so. You could lose the right to go after compensation if you make a procedural error trying to handle the claim on your own.
The initial consultation is free, and there is no obligation. You can call us today at 1-800-747-3733 to get started.
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