Losing your child due to the fault of a careless or reckless individual is a traumatic experience. Our experienced medical malpractice attorneys will pool our resources to prove negligence in your case and help you navigate the difficult claims process. Contact Wagner, McLaughlin & Whittemore today for a free consultation.
A standard birth injury lawsuit focuses on securing compensation for medical expenses, ongoing care, and the pain and suffering caused by the injury.
When a birth injury leads to the death of an infant before, during, or shortly after birth, families can pursue a wrongful death claim. These claims are more complex and consider not only medical costs but also the profound emotional loss and grief experienced by the parents and family.
A wrongful death claim ensures that the hospital, doctors, or other responsible parties are held accountable for the loss of your child.
Navigating a wrongful death claim in Florida can be overwhelming, especially while grieving. Hospitals and medical staff may resist responsibility, making the guidance of an experienced birth injury wrongful death lawyer essential. Florida has specific pre-suit requirements that must be completed before a wrongful death lawsuit can be filed for medical negligence. The failure to do so could result in the court dismissing the lawsuit.
The primary requirement is for you to serve what is known as notice of intent to initiate litigation on all defendants. The notice is required to provide specific information and documents supporting your claim. Serving the notice triggers a 90-day pre-suit investigation period between the parties, during which the defendant may take a position on liability.
We make sure these requirements are met, so clients can hold responsible parties accountable and pursue the full compensation your family deserves.
The first step is determining who owed a duty of care and how that duty was breached. This may include doctors, nurses, midwives, or hospital staff. Establishing liability is required to prove your claim and requires the opinions of experts who treat in the same or similar specialties as the medical provider
We collect medical records, expert testimony, and witness statements on your behalf. Every detail can help demonstrate negligence and strengthen your case. This step ensures your claim is supported by solid, factual evidence.
After completing the pre-suit requirements, your attorney files the lawsuit. Filing the claim formally begins the legal process and sets the stage for seeking compensation. This step signals to all parties that your family is serious about holding them accountable.
During discovery, both sides exchange information, review evidence, and may engage in settlement discussions. Your attorney advocates for fair compensation, ensuring any offer fully reflects your family’s loss. It is important to note that you are the decision maker on whether the claim is settled before trial.
We never force a client to accept a settlement offer they do not believe is fair, and we will not agree to any settlement without your authority. We will not recommend settlements that fail to account for the long-term impact of your child’s death.
If a settlement cannot be reached, your case proceeds to trial. Your attorney presents evidence, calls witnesses, and argues your case in court. This is your opportunity to hold the hospital and medical staff fully accountable before a judge or jury.
If the jury returns a verdict in your favor, you would receive monetary compensation for medical costs, funeral expenses, and non-economic damages. These damages also account for the profound emotional loss and grief experienced by your family. The goal is to provide meaningful relief and justice for your family for the loss of your child.
In Florida, the statute of limitations is generally 2 years from the date of death for wrongful death claims. Medical malpractice rules may also apply, including a 2-year limitations period from when the injury is discovered and a 4-year statute of repose. Because of these overlapping rules, timing can be complex.
Although we’re based in Tampa, our reputation for succeeding in complex cases leads us to practice statewide, serving cities including:
Negligence, in legal terms, means that someone failed to act as a reasonably careful person would in similar circumstances, thereby breaching the duty of care and causing injury or death to another. In the case of a birth injury leading to death, the medical professional responsible for your child’s care failed to uphold this duty by not acting in accordance with accepted medical standards. This breach of duty then caused your child’s death, which resulted in monetary and non-monetary damages.
As a Florida attorney for wrongful death and birth injuries, our job is to establish all elements of negligence to ensure you receive full compensation for the hospital’s actions or lack thereof.
A birth injury wrongful death attorney can utilize all the resources at their disposal to put together a robust case backed up by solid evidence. Your attorney may use the following pieces of evidence to strengthen your claim:
These are just some of the many forms of evidence your lawyer will collect in your case. Contact a birth injury wrongful death lawyer immediately so they have as much time as possible to build your case.
Families pursuing a birth injury wrongful death claim in Florida may be entitled to several types of damages. While no amount of money can replace a lost child, these damages help hold the responsible parties accountable and provide financial support for your family during an incredibly difficult time.
You may recover the costs of all medical care related to the birth injury and your child’s treatment prior to their death. This can include hospital bills, doctor visits, medications, and any necessary therapies. Recovering these expenses ensures your family is not left bearing the financial burden of the hospital’s negligence.
A wrongful death claim can cover funeral and burial expenses associated with your child’s passing. These costs can be substantial, and compensation allows your family to focus on grieving without added financial stress.
Florida law recognizes the profound emotional impact of losing a child. Families may be compensated for the loss of love, care, and companionship that their child would have provided. This damages category acknowledges the deep personal loss endured.
In addition to tangible losses, families may recover damages for the mental and emotional pain caused by the death. This includes grief, trauma, and the ongoing emotional strain experienced by parents and siblings. Compensation helps recognize the intangible but very real suffering your family has endured.
A birth injury wrongful death lawyer plays a critical role in helping families pursue justice and hold all responsible parties accountable. From the outset, your attorney will gather detailed medical records, consult with expert witnesses, and build a comprehensive case that demonstrates negligence. This preparation is essential, as hospitals and medical staff vigorously defend against these claims.
An experienced attorney will guide you through every step of the process, from pre-suit requirements to potential settlement negotiations or trial. They ensure you understand the full scope of damages available, including medical expenses, funeral costs, loss of companionship, and emotional suffering, so your family receives the compensation you deserve.
Beyond legal strategy, a skilled attorney provides compassionate support during this deeply difficult time. They can help you navigate the emotional and logistical challenges of a wrongful death claim, allowing you to focus on grieving while knowing your child’s life and loss are being fully represented.
Yes. Florida law provides certain protections for minors, including an extended statute of repose that can allow claims to be filed up to the child’s eighth birthday. However, in wrongful death cases, the timeline for filing is typically measured from the date of the child’s death, making early legal guidance critical.
During the pre-suit process, a defendant can admit liability to limit non-economic damages in medical malpractice cases, but the application of these caps can vary based on recent legal developments and specific circumstances. Understanding whether caps apply to your claim is essential for planning your case and pursuing full compensation.
Not all cases qualify. Florida’s medical malpractice wrongful death laws impose restrictions on who can recover damages and the types of damages available, often depending on family relationships and the nature of the injury. An experienced attorney can evaluate your situation and advise on potential recovery.
In certain circumstances, yes. Negligent stillbirth claims may be pursued if medical negligence contributed to the loss of a pregnancy, though these claims are legally distinct from standard wrongful death cases. Consulting an attorney ensures your family understands whether a claim is possible.
The timeline varies widely, often taking months or even years. Factors that affect the length include the complexity of the medical evidence, the number of defendants involved, and whether the case settles or proceeds to trial. Your attorney can provide guidance and keep you informed throughout the process.
No. Many birth injury wrongful death cases are resolved through settlements during or after the pre-suit investigation. However, if a fair settlement cannot be reached, the case may proceed to trial to ensure full accountability and compensation.
These claims require navigating highly technical medical evidence, expert testimony, and strict procedural rules. Multiple overlapping statutes, including medical malpractice and wrongful death laws, add additional layers of complexity that require specialized legal experience.
Yes. Because Florida has strict filing deadlines and pre-suit requirements, consulting a birth injury wrongful death lawyer as soon as possible is critical. Early guidance ensures your family’s rights are protected and your case is prepared thoroughly.
The birth of a child should be a memorable, joyous experience—not one filled with trauma and loss. Despite the immense grief you are likely experiencing, you still can ensure the ones responsible are held accountable for their grievous actions.
With the help of a birth injury wrongful death lawyer in Florida, you can act against the hospital, their staff, and other negligent parties to recover full compensation for your losses. Don’t let the ones responsible get away with this; contact our team at Wagner, McLaughlin & Whittemore today at 813-225-4000 or via our online contact form to schedule a free consultation.
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