Lake Jem, FL Personal Injury Law Firms & Lawyers

The chances of winning that are slim. In order to prevail in a med mal case, you've got to prove that if the doctor met the standard of care, "more likely than not" your baby would have survived. I can only speculate on the survival rate for an infant born 27 weeks before the EDC, but I'll bet it's very slim and probably less than 50/50. If your baby stood less than a 50% survival chance anyway, no attorney would take that case, and would have to put many, many tens of thousands of dollars into obtaining all the expert opinions to pursue the case.

I agree with what my colleague Mr. Groff has written. I would only add that you need an experienced (preferably board-certified civil trial lawyer) to make contact with the at-fault driver's insurance company to determine whether in fact the at-fault driver has bodily injury coverage. Believe it or not, in Florida BI coverage is not mandatory.  If the at-fault driver has no BI coverage and you do not have underinsured/uninsured motorist coverage, then it does not make sense to sue him/her unless the driver has sufficient assets to satisfy a judgment.  If on the other hand, the driver does have BI coverage then oftentimes - even if you haven't yet had the surgery - the driver's insurance company will tender the BI limits upon receipt of a carefully drafted demand letter with supporting medical documentation. Bottom line, don't go it alone. Get yourself an attorney.  

Generally, if you were insured at the time of the collision, your insurance carrier will provide you with a defense to the lawsuit. You may want to notify the insurance company as soon as possible, depending on the language of your contract with the insurance company. Otherwise, you will have to file an answer to the lawsuit and should speak with an attorney as soon as possible.