Birth Injuries

One of the happiest moments in the history of any family is when a child is born. Parents, grandparents and other siblings have nine months to anticipate, plan and prepare all the things they want to do for and with the child and to imagine all the greatness he or she will achieve in life. Unfortunately, not all births go as planned - there may be complications during pregnancy or a premature birth. Many birth emergencies can be handled so that there is a minimal effect on baby and mother. Although most Florida health care providers do outstanding work, mistakes are sometimes made, and procedures are not followed, which can result in terrible adverse affects.

Birth injuries can occur just before, during, and immediately following birth, and include brain damage, cerebral palsy, neurological and orthopedic injuries - the disheartening list goes on and on. Sometimes the injuries are temporary, but too often they can linger for the rest of a child's life and impact an entire family. Some birth injuries truly cannot be avoided. As in any other medical negligence claim, the mere fact of an undesirable result is not enough to justify a lawsuit. However, proper monitoring and the use of standard procedures can prevent birth injuries. Constant fetal monitoring is the best way to assess the health of the baby during the birthing process. Certain changes in the baby's heart rate require immediate medical attention. The birth of a child should never be treated as routine by the professional team charged with the responsibility of delivering a healthy baby. The consequences of carelessness may irrevocably alter your child's future and the financial stability of your family as you are faced with the cost of your child's lifelong care needs.

Florida Birth-Related Neurological Injury Compensation Act (NICA)

This Florida statute was enacted by the Florida legislature in 1988. It provides some benefits to families of children with qualifying conditions, but it main goal is to protect obstetricians, staff and hospitals from liability for the injuries caused by their own negligence. In some circumstances the benefits provided by the Florida Birth-Related Neurological Injury Compensation Act (NICA) replaces the family's legal rights to bring a lawsuit and collect damages.

To receive benefits under the Act, a claim must be timely filed and approved by an Administrative Judge. Not all birth injuries are covered and the claimants must prove a variety of factors just to qualify. There are exceptions that can take your case out of the parameters of NICA. The benefits available under NICA are limited and do not include intangible losses or many economic losses. Further, the benefits do not duplicate other private insurance plans and programs like Medicaid or Children's Medical Services. The reality often is that families receive precious few benefits in exchange for their forfeited lawsuit rights.

If you are considering accepting NICA benefits, you should speak to an attorney. While it may be appropriate to seek NICA benefits, every case should be decided on it own circumstances and merits. This is a rapidly changing field of law and quite unsettled at this time which increases the importance of seeking legal counsel. You may have a variety of options to pick from, however, once you accept NICA benefits you may be precluded from ever bring a malpractice claim. In some circumstances you may qualify for an exception to the Act or may even be able to bring both an action and collect NICA benefits. It is important that you consult with an attorney before making your decision.

Contact the Kane Law Firm, P.A.

We know that money will not make up for the lost promise of your child's life. It is our hope that the money a lawsuit may provide will help your child receive the kind of care that will allow him or her to achieve the best possible recovery, and to live as normal and productive a life as possible.

If your newborn has been the victim of a birth related injury, please call the Central Florida Birth Injury Attorneys at the Kane Law Firm, P.A. in Orlando, Florida at (407) 898-9130, submit a contact form on our website, or email us at Info@KaneInjury.com.

We offer a free initial consultation, and if we agree to take your case, we will work on a contingency basis. This means we will get paid for our services only if there is a monetary award or recovery of funds.