Even though Charlie was born at only 26 weeks, his early tests showed no sign of developmental disabilities. Every scan was normal. It was fewer than 4 weeks later that everything changed. Her young infant acquired four infections at the hospital.
Her lawyer dropped her medical malpractice case, claiming that the hospital would be able to show that the premature infant had brain damage, denying any fault in the child’s disabilities. Even though Muino had paperwork proving that the original scans were negative, the case could not move forward successfully without the original paperwork from the hospital.
Muino says that she asked the hospital for years to produce the records, only to be told the hospital did not have them. Suddenly, after eight years, the records appeared. In Florida, the statute of limitations on ordinary negligence is four years and seven years in cases of fraud or concealment.
Muino believes that this law needs to change.
“Not only does he not get justice, he’s been cheated out of a normal, typical life,” she said of her son.
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