Knowing your child sustained birth injuries can transform a joyful experience into a painful one. Any birth injury can cause harm or discomfort to a small child. Some types of birth injuries, like brain injuries, may result in permanent disabilities.
If you live in Florida, your child may be eligible for compensation for the harm they suffered because of their injuries, as well as financial assistance through a state program.
Consider contacting our firm or calling 561.689.8180 to speak with a birth injury lawyer for more information. At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., we know you may be confused and angry now. We can help you move forward with effective representation.
Common West Palm Beach Birth Injuries
Birth injuries can take many forms. Common examples include the following:
Cerebral Palsy
According to the Centers for Disease Control and Prevention (CDC), cerebral palsy is a condition that interferes with someone’s ability to control their muscles. Oxygen deprivation during birth may be among the causes of cerebral palsy.
Shoulder Dystocia
Shoulder dystocia can result if a child’s shoulder becomes trapped during delivery. According to information from the National Library of Medicine, this type of birth injury can harm both a child and the mother.
Brachial Plexus Injuries
Brachial plexus injuries involve nerve damage that can impact a child’s control of an affected arm. Per the American Academy of Orthopedic Surgeons (AAOS), this type of birth injury may be more common with larger children.
Broken Bones
Lack of proper care during labor or delivery can result in children sustaining broken bones.
Lacerations
Laceration birth injuries may also result from a lack of proper care on the part of those assisting in a child’s delivery, often due to misuse of surgical implements.
Who Can File a Birth Injury Claim or Lawsuit in West Palm Beach?
Under Florida law, the legal representative of a child who has sustained a birth injury may file a birth injury claim on their behalf. Such an individual would usually be a parent of an injured child.
Can You File a Medical Malpractice Claim for Birth Injuries in West Palm Beach, Florida?
If you or your child suffered a birth injury because of negligent medical care, you could have grounds to file a medical malpractice claim against the responsible healthcare professional. In order for your claim to be successful and get results, you will need to show the following:
- The medical professional owed you and your child a duty of care. This is usually as simple as showing that you were in that professional’s treatment, which can be established through medical bills and other records.
- The medical professional deviated from the accepted medical standard. In other words, the care they provided was not in line with that which would have been provided by a similarly trained and experienced medical practitioner. A medical expert will be necessary to prove this element of your claim.
- You or your child suffered harm as a direct result of the medical professional’s deviation from the standard of care. Again, a medical expert will need to testify to the causal relationship between the care you received and the injuries you or your child suffered.
- You can be compensated financially for the harm you suffered. You can establish this part through evidence like medical bills, paystubs showing lost income, and testimony from a medical expert about the likely long-term consequences of your or your child’s injuries.
In addition to establishing these general elements, Florida requires that a medical practitioner in the same field as the negligent provider either testify in court or sign a sworn affidavit that the care they provided was not in line with the generally accepted standards of care.
If your birth injury claim is successful, you can recover compensation for:
- Your child’s past and future medical care and ongoing health needs
- Income you lost because of the injuries and caring for your child
- Reductions in your child’s future earning capacity due to disability
- Pain and suffering you and your child experienced
Medical malpractice claims have a particularly high burden of proof on the injured party, which is why it’s so important to coordinate with a birth injury lawyer in West Palm Beach . They can review your case and explain whether filing a medical malpractice claim or lawsuit is an option. If it is, your lawyer will conduct a thorough investigation, working with medical experts to establish the necessary elements to prove your claim.
Statute of Limitations for Medical Malpractice and Birth Injury Lawsuits in West Palm Beach
You should be very aware of time limits when a child sustains birth injuries in Florida. You must file a NICA claim before a child’s fifth birthday. Under Florida law statute of limitations, you have two years from the time a child sustained birth injuries (or you discovered said injuries) to file a medical malpractice claim.
What You Need to Know About Florida’s NICA
In addition to the relief afforded by a medical malpractice claim, Florida also offers another means of seeking compensation in birth injury cases involving certain catastrophic injuries. Depending on your child’s injury, you may need to pursue this alternative option before you can proceed to filing a malpractice claim.
The Florida Legislature established the Florida Birth-Related Neurological Injury Compensation Association (NICA) in the 1980s. NICA’s purpose is to allow children with certain birth injuries to receive the care they need. NICA is a no-fault system, meaning someone filing a NICA claim doesn’t need to prove their birth injuries resulted from negligence. NICA benefits can provide:
- Treatment costs
- Co-pays
- Medication
- Ongoing care
- Transportation costs
Theoretically, NICA benefits both injured patients and healthcare providers. It offers those with catastrophic birth injuries a means of seeking the financial assistance they need. For physicians and hospitals, NICA guards against medical malpractice claims and high insurance costs. As such, it can also serve as an impediment to getting the full compensation your child deserves. Talk to an experienced West Palm Beach birth injury lawyer to learn more about your options.
Important Information About NICA Eligibility in West Palm Beach
Someone whose child sustained an injury during birth doesn’t need to prove negligence when filing a NICA claim on their behalf. They do need to show they meet NICA’s eligibility requirements.
To qualify for assistance through NICA, a claimant must have:
- Been born in a Florida hospital
- Sustained a brain or spinal injury resulting in significant and permanent mental and physical impairment
- Sustained that injury during “labor, delivery, or resuscitation in the immediate post-delivery period”
- Sustained an injury not resulting from genetics or congenital issues
The injured party must have also been a live infant weighing a minimum of 2,500 grams at the time of birth. In cases of multiple gestations (such as twins, triplets, etc.), the minimum weight is 2,000 grams.
In addition, a NICA claimant must show that their obstetrical services provider participates in the NICA program. If a physician didn’t provide these services, the midwife or other medical professional who did must have been under a participating physician’s supervision.
Be aware that NICA also may not provide assistance if financial coverage is available through other means. For example, a family’s private insurance may offer certain coverage. Or, they may seek coverage through government programs.
Contact a West Palm Beach Birth Injury Lawyer
Few things are more painful to a new parent than seeing their child suffer. What’s more, navigating your legal options in the aftermath of this tragedy can prove challenging. Right now, your focus should be on the health and needs of your child, not on bureaucratic red tape and complicated legal procedures.
Fortunately, you do not have to pursue your claim alone. A West Palm Beach birth injury lawyer at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can review your case and explain how to proceed. Whether you file a NICA claim or medical malpractice lawsuit, our legal team offer the representation you and your child deserve right now. While we handle all that, you will be free to concentrate on your health and that of your child.
Get started by contacting us online or calling us at 561.689.8180 today for a free case evaluation.
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