Florida Personal Injury Firm
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When The Weakest Among Us Need Us The Most


Injuries to children aren’t just heartbreaking, they take a tremendous toll on the lives of caregivers. Even the strongest marriages are challenged by the personal and financial demands of caring for a child with special needs. At Fasig | Brooks, we put this burden where it belongs – on the responsible parties. We ensure your case is evaluated by the best liability experts and life care planners. We can’t change the past, but we can help make your family’s future brighter.

Birth injuries are both traumatic and relatively common in the United States. One study published in the Journal of Maternal-Fetal & Neonatal Medicine in 2013 looked at the rate of birth trauma in a medical facility from 1986 to 2009. It found 24.3 full-term newborns of every 1,000 births were diagnosed with birth trauma.

If your child has suffered a birth injury related to medical malpractice in Tallahassee or Orlando, you may have legal recourse to pursue a claim in order to receive compensation for the costs of your child’s medical treatments.

Contact our birth injury attorneys at (850) 583-9409 or (407) 917-9697 for help and consider the following before filing a claim.


There are a variety of factors that may cause or contribute to birth injury. The study mentioned above found that children delivered via instrumental delivery (using assistive birthing instruments to aid in delivery) were 7.5 times as likely to suffer birth injury as those not delivered via instrumental delivery.

A significant delay in performing Cesarean section (which the study mentioned above was the only protective factor against birth trauma) also can cause birth injury. This might be the case if the child suffers from a lack of oxygen and requires an emergency C-section. If the doctor fails to perform it promptly, it might cause injury. In extreme cases, this may lead to cerebral palsy and other serious health effects.

Other types of birth injuries are bone fractures, cephalohematoma, caput succedaneum, subconjunctival hemorrhage, facial paralysis, and spinal cord injuries.


Florida has a program in place known as the Florida Birth-Related Neurological Injury Compensation Act (NICA). Under this act, you may claim compensation if your child suffered certain injuries such as those affecting the brain and spinal cord. You do not have to prove any medical provider’s negligence or liability. The injury must be the result of oxygen deprivation or mechanical injury during labor and delivery.

While the program will cover the costs of medical care, hospitalization, and medication, it does not cover damages such as personal suffering or disfigurement. However, you cannot receive compensation from NICA and purse a medical malpractice claim.


Talk to a Tallahassee birth injury lawyer about your eligibility for NICA or if you qualify to file a medical malpractice lawsuit. If you are pursuing litigation, you must prove the doctor’s actions were negligent. That is, you must prove that other reasonable professionals would not have acted in the same manner under similar circumstances.

You also must demonstrate damages related to the malpractice. This allows you to recover appropriate compensation to cover your child’s needs and care. Minor injuries that cause no damages, for example, may not warrant taking legal action.


Because birth injury claims, like many other personal injury claims, have a statute of limitations, it is important to act now. If your baby suffered a birth injury and you suspect that these injuries were the result of medical malpractice, consult a birth injury attorney immediately.

The attorneys at Fasig | Brooks in Orlando and Tallahassee can help file your claim and can inform you of your compensation options.

To set up a free consultation, call us today at (850) 583-9409 or (407) 917-9697.

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