Pursuing Restitution for Birth Injuries
It is devastating when a mother or child suffers due to a birth injury. When this tragedy occurs, parents will ask themselves why this happened and whether it could have been prevented. Many times, a birth injury or defect is unavoidable, in spite of the fact that all professional standards of care were followed by the doctor and healthcare professionals.
However, there are occasions when a birth injury is preventable and may be the result of medical malpractice or medical error.
A birth injury attorney at our Bartow or Lakeland, FL, offices can evaluate your case to determine if malpractice occurred. To schedule a free case review, please send us a message online or call us at (877) 883-9090.
Common Birth Injuries
Common birth injuries include:
- Birth Trauma
- Brachial Plexus Palsy
- Brain Injury
- Cerebral Palsy
- Erb's Palsy
- Fetal Anoxia (from lack of oxygen)
These disorders are often permanent and require a lifetime of expensive medical care and treatment. At Moody Law, our attorneys have represented families who have children who have suffered injuries resulting from a birth injury or defect.
“This brain injured infant case was successfully litigated against the doctors and the hospital on medical malpractice claims for birth-related injuries due to delayed diagnosis and failure to resuscitate the infant, resulting in an award of $2,250,000 for the child and parents.”
The Florida Birth-Related Neurological Injury Compensation Plan
In 1987, the Florida Legislature created the Florida Birth-Related Neurological Injury Compensation Plan (NICA) for children who suffered a birth-related neurological injury. A birth-related neurological injury is defined as an injury to the brain or spinal cord of a live infant, or a mechanical injury occurring in the course of labor, delivery, or resuscitation in the immediate post-delivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired.
If the child qualifies, the NICA plan is the exclusive remedy for the recovery of birth-related neurological injuries in medical malpractice cases. Timely notice prior to birth to the mother / patient is a condition that must be met before a family’s recovery can be limited by NICA. A birth injury lawyer at Moody Law can evaluate and determine whether the proper notice under NICA was given by the healthcare professional and whether NICA benefits are available to you and your family.
- Actual expenses for medical and hospital rehabilitative services, training, residential and custodial care and services, drugs, special equipment, facilities, and related travel that is medically necessary and reasonable.
- A lump sum or periodic payments to the parents or legal guardian of the infant not to exceed $100,000.
- Reasonable expenses incurred in connection with filing the claim, including reasonable attorney’s fees.
Contact an Attorney Today
If your child suffered a birth injury or defect, a lawyer can provide valuable advice. To learn more about how an attorney at our law firm can assist you, please contact us online, or give us a call at (877) 883-9090.