Birth Injury Attorneys in Tallahassee, Fl
Defending the Defenseless in Florida for Over 30 Years
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, Orlando, or Jacksonville you may have legal recourse to pursue a claim in order to receive compensation for the costs of your child’s medical treatments.
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Tallahassee: (850) 222-3232
Orlando: (407) 917-9697
Jacksonville: (904) 222-3333
Common Causes & Types of Birth Injuries
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 were 7.5 times as likely to suffer birth injury as those not delivered via instrumental delivery.
Another frequent cause of birth-related injuries involves the significant delay of a Cesarean section, especially if the child is suffering from a lack of oxygen and requires an emergency C-section. If the doctor fails to perform it promptly, it could cause injury. In extreme cases, this may lead to cerebral palsy and other serious health effects.
Other types of birth injuries include:
- Bone fractures
- Caput succedaneum
- Subconjunctival hemorrhage
- Facial paralysis
- Spinal cord injuries.
The Florida Birth-related Neurological Injury Compensation Act (Nica)
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 pursue a medical malpractice claim.
Holding a Medical Professional Liable
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 must also 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.
Don’t Wait to Get the Legal Representation Your Child Deserves
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 an injury and you suspect that the injuries were the result of medical malpractice, you need to speak with an experienced attorney immediately so that we can get started on your case.
To set up a free consultation contact our Tallahassee office by calling (850) 222-3232, our Orlando office at (407) 917-9697 or our Jacksonville office at (904) 222-3333.