When a mistake is made by doctors, hospitals or midwives in the birth of a child, parents look for and need honest answers. Our Florida birth trauma lawyers are experienced in understanding the enormous amounts of evidence required to unravel complex birth injury cases.
In the United States 6-8% of babies are born with complications due to birth injuries. When a mistake or departure from the standard of care is made the doctor and hospital delivery team that delivered the child may be responsible for life long consequences caused by the following:
- Prima gravida (first time pregnancy)
- Maternal Pelvic Abnormalities
- Prolonged labor
- Rapid labor
- Improper use of forceps or vacuums
- Large fetal head
- Fetal anomalies
Florida’s Birth Related Neurological Injury Compensation Plan (NICA) governs how families obtain compensation for severe birth-related neurological injuries. NICA is another example of how the Florida Legislature protects doctors at the expense of injured infants that requires life long care. Specifically, NICA prevents doctors from being sued regardless of fault, forcing families to seek compensation through its fund.
Florida Statute §766.302 mandates that parents of infants who sustain brain or spinal injuries during birth must file a petition with the Florida Division of Administrative Hearings to determine eligibility.
Florida’s NICA Plan limits the amount of compensation awarded to $100,000.00 as a one time case settlement for the infant’s parents or guardians with limited expenses for the care, services, drugs, equipment, facilities and travel for the injured infant.
The constitutionality of the NICA law was recently challenged by a family in Florida’s Supreme Court. Unfortunately, the Supreme Court found that the $100,000 per incident lump sum payout does not violate the Constitution’s Equal Protection Clause. To read more about the Supreme Court’s opinion in this case, please read Spencer Aronfeld’s blog post: “Whatever Happened to Florida’s Right to a Jury Trial.”
Florida’s complex medical malpractice laws coupled with the enormous physical, emotional and financial consequences of a birth-related trauma require that families consult with a competent and experienced lawyer to get the answers and representation that their child deserves.
