When a child suffers a birth injury, the parents have a limited amount of time to file a malpractice suit against the doctor or hospital. However, the Florida rules are complex, and only an experienced malpractice attorney can tell you whether you still have time to file a claim.
Generally, a birth injury lawsuit must be filed within two years of the time of the injury. If the injury is not discovered immediately, the suit must be filed within two years of the time the injury should reasonably have been discovered — but no longer than four years from the time of injury. However, the two-year or four-year statute of limitation may not always apply.
Under Tony’s Law, children born after July 1 1996 may have the right to file a birth injury lawsuit until his or her eighth birthday. However, the longer statute of limitations may not apply if the parents or guardians knew or should have known of the injury and the reasonable possibility that it was caused by medical malpractice.
To protect your right to recover compensation to help you meet your child’s needs, it’s important to contact an attorney as soon as possible. The longer you wait, the more difficult it may be to collect evidence of medical malpractice. In addition, it takes time for your attorney to secure the expert options that are required to file a birth injury lawsuit.
The law firm of Dolan Dobrinsky Rosenblum, LLP represents families in the Miami-Dade area and throughout Florida who have been affected by birth injuries.