Finding a cerebral palsy lawyer should be the least of a new parent’s concerns. However, due to medical malpractice and birth injuries, some of which are preventable, many new parents find themselves seeking a birth injury or cerebral palsy lawyer. As this is arguably one of the most important decisions in the child’s life, seeking out the best lawyer possible is crucial.
What does “best birth injury lawyer in Florida” really mean?
When looking for the best, the hard part is sifting through the thousands of lawyers who practice medical malpractice. The best doesn’t just mean who advertises they are the best. Best is something that needs validation. We think validation for the best cerebral palsy lawyer in Florida can be verified by the following questions:
- Does the lawyer practice medical malpractice?
- If yes, does the lawyer specialize in birth injury and cerebral palsy cases?
- If yes, does the lawyer have verified data to support their contention they are the “best”?
The hardest question is number three. Verified data takes hours to sort through, and new parents don’t often have the time to do so.
Who is the “best” cerebral palsy lawyer in Florida?
When it comes to finding the best, look to more than who has the biggest or most billboards. An attorney who spends the most in advertising may not always be the “best cerebral palsy lawyer” for you and your child. When a lawyer states that they are experienced in medical malpractice cases, this isn’t always enough.
Why?
Medical malpractice is a very broad practice area that includes cases ranging from a nursing home negligence case to a broken leg or spinal cord malpractice case. That said, someone who has been handling nursing home cases for 40 years is not necessarily the best to handle a cerebral palsy case. Fetal distress is entirely different from failure to assess the bedsore. When in doubt- go with the specialist.
Our choice for the best cerebral palsy lawyer in Florida
Dominick, Cunningham & Whalen is a Palm Beach Gardens are law firm that has earned a reputation as one of Florida’s best birth injury law firms. Sean Dominick, Esq., and his partners, did not earn this by mistake. Sean has been Vice President of the AAJ (American Association for Justice) and won just about every award you can imagine for litigation.
Sean has earned his Florida Bar Board Certification, which is the single highest level one can achieve for civil litigation in the State of Florida. In addition to the multi-million-dollar verdicts, one of the highest accolades one can achieve is to teach others the skill of litigation. Sean has been a lecturer in many seminars, including topics like “Birth Injury Litigation.”
Not only does Dominick, Cunningham & Whalen specialize in birth injury and cerebral palsy cases, but they also have the verdicts and settlements to prove it. The firm noted a $40 million dollar settlement, a $9.6 million dollar settlement, and many others. Due to confidentiality, many birth injury settlements are not available to the public.
Not All Florida Cases Are Treated the Same
Florida, like a few others states in the US, has enacted a “birth injury fund.” In 1988 Florida legislature created the Florida Birth-Related Neurological Injury Compensation Association (NICA), in an attempt to curb legal proceedings and help Florida’s medical malpractice insurance industry. NICA has strict guidelines they use to determine if a child qualifies for medical benefits. If NICA were to determine the child qualifies, this could potentially take out any chance that the family of the child has with pursuing justice in a court of law.
That said, NICA is dependent on when exactly the negligence happened to the child, and NICA may not be right for your family or child. It is critical that a new parent speaks with a specialized cerebral palsy lawyer to assist in navigating the legal system.
Birth Statistics in Florida
In 2020, there were 209,671 live births in the State of Florida, according to the March of Dimes. Of that number, Florida recorded 18,187 births below 2500 grams, which is considered low birth weight and often arrive prior to a full-term pregnancy. Very low weight is below 1500 grams, of which Florida reported 3,182 births in 2020. The Florida Health Department also recorded 1,497 fetal deaths in 2020.
Biggest Hospitals and Common Defendants in Florida
Some of the largest hospitals and common defendants in Florida are:
- Winnie Palmer Hospital for Women and Babies
- Joseph’s Women’s Hospital
- Tampa General Hospital
- Memorial Regional Hospital
- South Miami Hospital
- Baptist Hospital Miami
- North Shore Medical Center
Verdicts and Settlements
$109 million on behalf of a birth injured child.
$11 million settlement for a family who was victims of malpractice which led to their child having cerebral palsy after a delay in birth.