Table of Contents
When a Diagnosis Hints at Negligence: Is CP Ever “Just Bad Luck”?
Doctors long blamed oxygen loss for most CP cases, but today’s research shows intrapartum hypoxia explains only a fraction, making vigilance, not fate, decisive. Malpractice enters when providers miss warning signs visible on electronic fetal monitoring or postpone an emergency C section, events present in over half of CP related suits. Percy Martinez’s on staff nurses pinpoint those chart deviations within 48 hours, preserving discovery dates across Miami, Tampa, and Jacksonville.
The Specific Errors That Convert Labor Stress into Lifelong CP
Delayed delivery after non reassuring heart tones, improper use of forceps or vacuum extractors, anesthesia mishaps that drop maternal blood pressure, and neonatal resuscitation delays all correlate with hypoxic ischemic encephalopathy, an injury that precedes many CP diagnoses. Brain damage suits citing these errors average $524,047 in indemnity payments, with settlements topping $8 million when future care tops projections. Our firm harvests monitor strips, cord blood gases, and anesthesia logs the same day you call, locking down evidence before hospitals overwrite data.
Proving Negligence: Records, Experts, and the 90 Day Presuit Toll
Florida Statute §766.106 requires families to serve a detailed notice and expert affidavit before filing; that notice pauses the statute of limitations for 90 days. Percy Martinez secures sworn opinions from board certified neonatologists and OB GYNs within 30 days, meeting the “good faith” rule and forcing insurers into early valuation talks. We also subpoena staffing rosters to expose fatigue or ratio violations that strengthen causation.
Malpractice or NICA? Choosing the Best Financial Route
Florida’s Birth Related Neurological Injury Compensation Association (NICA) pays lifetime medical bills for children with brain or spinal injuries but excludes pain damages and bars later suits; petitions must arrive by age five. Traditional malpractice actions allow recovery for pain, lost income, and housing adaptation yet demand proof of fault within two years (four if undiscovered) or until age eight under Tony’s Bill. Our team runs dual investigations so parents decide with full knowledge before either window shuts.
Funding a Lifetime of Therapy: Why Compensation Matters
Comprehensive CP care averages $1.2 million to $2.4 million over a child’s life; verdicts like a recent $14.5 million Central Florida award show juries grasp that burden. Percy Martinez advances all expert costs, negotiates Medicaid and private insurer liens, and structures settlements for tax efficiency, ensuring “clean revenue” that survives audits and supports adaptive tech, home modifications, and specialized schooling.
Percy Martinez: Converting Evidence into Record Verdicts
Our firm’s cerebral palsy recoveries include a $3.8 million federal court judgment for delayed resuscitation and a confidential seven figure settlement filed six weeks before an age eight deadline. We deploy bilingual staff, encrypted client portals, and courtroom graphics that translate fetal monitor data into juror friendly narratives, an approach shaped by 22 years of Florida trial wins.
Your Next Step: Free 30 Minute Cerebral Palsy Audit
Email your delivery records or call (800) 382-3176. Within one business day we map deadlines, draft presuit notices, and schedule expert reviews so no clock or hospital destroys your child’s future. Serving families statewide, Percy Martinez turns medical silence into legal clarity.
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