Dan Newlin
Dan Newlin on Birth Related Injuries
The birth of a child is, for most people, a magical and wonderful experience, but what if something were to go wrong? What if a instead of a safe delivery, your baby was injured or worse due to the actions of your healthcare provider? Who would you turn to for help in the event of such a tragedy? A child with birth-related injuries often requires special medical care, which can be expensive and places an unfair burden on the family. An attorney knowledgeable in medical malpractice and other applicable laws can guide you through the legal avenues you have to get compensation for the injury to your child, and can help you to recover the most for your claims to help your child meet the special needs they will have.
At a minimal level, the State of Florida passed a special law to provide an avenue for parents whose child has been injured during the birthing process. Known as the Florida Birth Related Neurological Injury Compensation Act (often referred to as “NICA”), families are able to obtain compensation for certain catastrophic birth-related injuries without having to prove anyone is at fault. In the event there was no malpractice or negligence involved, proceeding under the NICA statutes may be the only option. An administrative claim can be brought for injuries occurring during labor, delivery, or the immediate post-delivery resuscitation period if the obstetrician involved was a member of NICA. There is a precise statutory definition for injuries covered under the law, and your child’s injury must meet that definition to bring a claim. A NICA claim must be brought before the child’s fifth birthday. Recoverable damages can include expenses for medical care, hospitalizations, rehabilitative care, custodial care, training, drugs, special equipment, travel expenses, and attorney fees for bringing the claim. While parents may recover up to $100,000, damages do not include compensation for pain, mental anguish, disfigurement, loss of ability to enjoy life, or the economic loss of ability to ever work. Generally, the program will not pay for anything already covered by private insurance or Medicaid, which seriously impacts the advantages offered under the law. Families can choose to file a claim under NICA, but should carefully consider whether they should do so as once a claim is filed under NICA, they will be barred from bringing a medical malpractice claim forfeiting any additional compensation to which they might be entitled.
In the event such a tragedy should occur resulting in a baby’s injury, brain damage or death, families have a difficult decision to face as to how to proceed. An experienced lawyer with specialized knowledge in medical malpractice, wrongful death, and NICA laws should be consulted at the first opportunity for a comprehensive evaluation of potential claims and expert advice as to how to proceed with seeking compensation. The NICA statutes were created to shield healthcare providers from malpractice liability if they are members of the NICA program and generally prevent malpractice claims from being brought against participating healthcare providers. However, some families have successfully been able to bring claims outside the NICA statutes, recovering millions. As the law in this area is so complex and modifications and changes occur frequently, families who are affected by a birth-related injury, brain damage or death of a child should seek the advice of an attorney to fully evaluate their claims and to aggressively advocate for the compensation they are entitled to.
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