West Palm Beach birth injury lawyer

Florida Medical Malpractice Claim Requirements Can be Impacted by a Defendant’s Federal Status

March 15, 2021 | by David J. Halberg, Esq.

West Palm Beach medical malpractice lawyer The statute of limitations on Florida medical malpractice claims is two years from the date of the incident/cause of action. However, it’s important to have an experienced medical malpractice attorney review your claim much sooner than that deadline if possible. There are several good reasons for this, not the least of which is because the (not-always-obvious) federal status of some defendants could mean there are additional considerations that will require more time to prepare the case. There could also be shorter administrative deadlines.

Ensuring your case is not only timely and properly filed but in the correct venue is critical.

This was one of the matters at issue in the case of P.W. v. U.S., recently before the U.S. Court of Appeals for the Seventh Circuit. Continue reading

Florida Arbitration Agreements Increasingly Common in Health Care

January 21, 2021 | by David J. Halberg, Esq.

Doctors, nurses and other healthcare providers in Florida have a professional and legal responsibility to provide care to patients according to the prevailing standard for their education, experience and position. When they fail to do so resulting in patient harm, they can be held accountable with a Florida medical malpractice claim. Verdicts and settlements are typically paid out by insurers. West Palm Beach medical malpractice lawyer

But in recent years, our West Palm Beach injury lawyers have noted a troubling trend of doctors and health care companies compelling patients to sign binding arbitration agreements before they receive care. Patients are given forms to sign away their constitutional right to have complaints of substandard care weighed in a court of law. If they decline, they are told to look for another provider.

It should be noted if you’re harmed as a result of substandard care, these agreements may not be enforceable, thanks to a 2016 Florida Supreme Court case. You should consult with an experienced medical malpractice law firm before deciding how to proceed. Continue reading

Filing a Birth Injury Lawsuit in South Florida

September 15, 2020 | by David J. Halberg, Esq.

For every 1,000 children born in the U.S., 1.9 suffer some type of birth injury, also referred to as birth trauma. The good news is this rate has fallen from about 2.6 for every 1,000 births since 2004, as the use of instruments like forceps and vacuums have become less common. filing a birth injury lawsuit

But if your child is one of those who has suffered some type of birth trauma, it’s important to talk with an attorney about filing a birth injury lawsuit. A baby who sustains injuries at birth can suffer lifelong consequences to one’s physical, cognitive, psychological and social development. If the cause was medical negligence, the child and his/her caregivers will need additional treatment (therapies, surgeries, special education, etc.) and other support.

Birth injury lawsuits are a type of legal action taken against the doctors, nurses or other medical professionals who may have been responsible for the child’s injuries, which can include conditions like:

Cerebral palsy
Erb’s palsy
Brachial palsy
Shoulder dystocia
Bruising or forceps marks
Fractures
Subconjunctival hemorrhage
Brain damage
Other nerve injuries
Wrongful death