Understanding Birth Injury Lawsuits in FloridaTrusted Content
Legally reviewed by:Erik Abrahamson, J.D. May 14, 2013
According to the National Vital Statistics Reports Expanded Health Data From the New Birth Certificate, 2006 a number of pregnancy risk factors are identified. These include diabetes, hypertension, medication, infection and labor. The form also identifies whether forceps or vacuum extraction was used, whether labor was induced or birth was by cesarean section.
Recognizing the Need
The state of Florida recognized that there are risk factors associated with pregnancy and birth. It understands that these birth injuries may involve significant cost to both the parents and obstetric physician. The goal was to enact legislation that would work to eliminate the financial burden and promote care of a child with a birth injury. In 1988, the Neurological Injury Compensation Association (NICA) looked to address that need.
Florida’s Malpractice Lawsuit Alternative
This Florida-based organization works to stabilize medical malpractice insurance for obstetricians. To qualify for the benefits provided under NICA, the mother must be treated by a participating obstetrician and give birth in a hospital. NICS will evaluate whether the child’s neurological injuries sustained during birth are covered under the statute.
The NICA website provides a listing of participating obstetricians. The funds provided by NICA are used to provide necessary care to the injured child. This care can include equipment, medication and travel.
The Florida Law that addresses the filing of claims and responses relating to infants injured at birth is found in Chapter 766.305. This law provides information to be provided in the petition, who should receive a copy of the petition, information to be provided to NICS, and procedures to be followed after filing. Under this law, all medical records, prognosis and evaluations,
documentation of expenses and reimbursement from any private or government source must be provided to NICS within 10 days of filing the petition.
Call Our Injury Law Team 24 Hours a Day / 7 Days a Week
It can be difficult to prove that a child suffered a birth injury due to negligent actions by medical staff. Some Florida parents may believe that their child was a victim of neurological damage due to malpractice and may wish to contact an attorney to help them determine what action to take. Abrahamson & Uiterwyk has the experience to provide legal guidance. Call today at 1-800-538-4878 for our free initial consultation and case evaluation.