How Florida Handles Malpractice Claims for Pediatric Injuries
When a child suffers harm because of a medical mistake, parents are faced with medical, emotional, and financial challenges that can feel overwhelming. Florida law provides a framework for families to pursue claims when negligence leads to pediatric injuries, but the process is not straightforward. Understanding how the system works is the first step toward protecting a child’s rights and ensuring that resources are available for future care.
Understanding Pediatric Malpractice in Florida
Pediatric malpractice refers to medical negligence involving children. A healthcare provider may have acted or failed to act in a way that did not meet the accepted standard of care, and that failure caused injury to the child. Florida law requires a clear link between the negligent act and the harm suffered. This means that even if a mistake occurred, families must prove that the error directly resulted in injury or worsened the child’s condition.
Examples of Pediatric Malpractice
Children are particularly vulnerable to medical mistakes because their bodies are still developing and their conditions can change rapidly. Some of the most common cases in Florida involve injuries during birth, such as oxygen deprivation or improper use of delivery tools, that can lead to long term disabilities. Other cases include missed or delayed diagnoses of infections or congenital conditions, surgical errors that result in complications, and incorrect prescriptions or medication dosages. In pediatric care, even a small error in medication can have major consequences.
Legal Requirements Under Florida Law
Florida has strict laws governing medical malpractice claims. Before filing a lawsuit, parents must complete a presuit investigation. This requires obtaining a verified written opinion from a qualified medical expert stating that negligence occurred. Without this opinion, the case cannot proceed. Florida also places limits on when a claim can be filed. The statute of limitations generally gives families two years from when the injury was discovered or reasonably should have been discovered, but no more than four years from the date of the incident. When a child is injured, some exceptions may allow for additional time, but families should never assume that deadlines will be extended.
Damages in Pediatric Malpractice Cases
The damages in a pediatric malpractice case are meant to compensate for the harm caused and to ensure that a child’s needs are met in the future. These may include medical costs already incurred as well as anticipated expenses for rehabilitation, therapy, or adaptive equipment. Families may also seek damages for pain and suffering endured by the child and emotional stress experienced by parents. If the injury leads to permanent disability, damages can also include the cost of lifelong care. Courts consider the long term impact of an injury on a child’s quality of life, education, and independence.
How Pediatric Claims Differ From Adult Cases
Claims involving children differ from those involving adults because the potential consequences of negligence are often more severe. A delay in treatment may affect a child’s development in ways that cannot be undone. Courts also recognize that a child injured by malpractice may face decades of challenges that require ongoing care. This makes pediatric cases highly complex and requires careful calculation of damages to account for long term needs.
The Process of Building a Claim
Building a pediatric malpractice claim in Florida begins with collecting medical records and consulting with experts who can evaluate whether the standard of care was breached. Attorneys then investigate the timeline of events, interview witnesses, and review hospital policies and procedures. Once sufficient evidence is gathered, the presuit notice is filed, which gives the healthcare provider and their insurer an opportunity to respond before a lawsuit moves forward. If the case proceeds, it may involve mediation, settlement discussions, or trial.
Challenges Families Face During the Process
Families often face emotional challenges when pursuing a malpractice case. They may feel pressure from hospitals or providers who deny wrongdoing. The legal process itself can take time, sometimes stretching over several years. During this period, parents are balancing medical appointments, financial pressures, and the emotional toll of caring for an injured child. Having legal guidance helps families manage these difficulties and focus on caring for their child while their attorneys handle the complexities of the case.
The Role of Expert Witnesses
Expert witnesses are essential in pediatric malpractice claims. Florida law requires that only a healthcare provider with training and experience in the same field can testify about whether negligence occurred. These experts help establish what the standard of care should have been and explain how the provider failed to meet that standard. They also help juries understand complicated medical information and how negligence directly caused the child’s injury.
The Importance of Acting Quickly
Because of Florida’s statute of limitations, families must act quickly if they suspect malpractice. Waiting too long can mean losing the right to pursue a claim. It is also important to act quickly to preserve evidence. Medical records, imaging studies, and treatment notes may be more difficult to obtain if too much time passes. Witness memories can also fade. Consulting an attorney early helps ensure that all important information is secured and the claim is protected.
Why Families Need Legal Guidance
Medical malpractice claims are among the most complex types of cases in Florida law. They involve strict procedural requirements, reliance on expert testimony, and careful calculation of damages. For families, trying to manage this process alone is nearly impossible. Attorneys experienced in pediatric malpractice can guide families through each step, from the initial investigation to trial if necessary. With skilled representation, families can focus on supporting their child while their attorneys work to hold negligent providers accountable.
Support From Faiella and Gulden
At Faiella and Gulden, P.A., we understand the unique challenges that come with pediatric malpractice cases. Our attorneys have decades of experience representing families in Winter Park, Orlando, and throughout Florida. We know how to navigate the presuit process, gather the right experts, and pursue compensation that addresses both immediate and long term needs. We also understand the emotional weight of these cases and provide compassionate support to families during every stage of the process.
Taking the Next Step
If your child was harmed by medical negligence in Florida, do not wait to seek legal guidance. Contact Faiella and Gulden, P.A. today for a free consultation. We can explain your options, evaluate your case, and help you determine the best path forward. Call us at (407) 647-6111 to speak with an attorney.
