The birth of a child should be a joyous occasion. Tragically, medical negligence during labor and delivery can turn this moment into a lifetime of challenges. Birth injuries caused by doctor or nur...
The birth of a child should be a joyous occasion. Tragically, medical negligence during labor and delivery can turn this moment into a lifetime of challenges. Birth injuries caused by doctor or nurse error can result in permanent disabilities like cerebral palsy or Erb's palsy. In Florida, parents have the right to seek justice and compensation to provide the best possible care for their injured child.
Common Birth Injuries Caused by Negligence
Birth injuries are distinct from birth defects; they are caused by physical trauma or oxygen deprivation during the birth process. Common injuries include Cerebral Palsy (often from oxygen loss), Brachial Plexus injuries (like Erb's Palsy from improper traction), bone fractures, and brain bleeds. Many of these are preventable with proper fetal monitoring and timely intervention.
Signs of Medical Malpractice During Delivery
Malpractice may have occurred if the medical team failed to monitor the baby's heart rate, delayed a necessary C-section, used forceps or vacuum extractors improperly, or failed to diagnose and treat maternal infections. If your delivery was traumatic and your baby required immediate NICU care, it is worth investigating whether negligence played a role.
NICA: Florida's Birth-Related Neurological Injury Compensation Plan
Florida has a unique system called NICA (Neurological Injury Compensation Association) for certain severe birth injuries. It is a no-fault system that provides compensation for specific neurological injuries. However, accepting NICA benefits may limit your ability to file a malpractice lawsuit. It is critical to consult a lawyer before accepting any NICA offer to ensure you aren't signing away your rights to full compensation.
Lifetime Costs of a Birth Injury
The financial impact of a birth injury can be overwhelming. Costs may include lifelong medical care, physical and occupational therapy, special education, home modifications, and lost future earning capacity. A successful malpractice claim can secure the funds needed to ensure your child has the quality of life they deserve.
Fighting for Your Child's Future
Birth injury cases are emotionally and legally complex. Hospitals and insurance companies fight these claims aggressively. You need a compassionate but tough attorney who can work with medical experts to prove that the injury was preventable. Your child's future may depend on the action you take now.
Contact Emas Law Group Today
No parent plans for a birth injury. If your family is facing this reality due to medical negligence, Emas Law Group is here to help. We are committed to fighting for the rights of injured children and their families. Contact us for a sensitive, free consultation to discuss your case and understand your options outside of or within the NICA system.
Frequently Asked Questions
What is the difference between a birth injury and a birth defect?
A birth defect is a genetic or developmental abnormality that occurs in the womb. A birth injury is harm caused to the baby during the labor and delivery process, often due to medical error.
What is NICA?
NICA is a Florida state fund that pays for the care of infants born with certain severe brain and spinal cord injuries, regardless of fault. It is an alternative to litigation for qualifying cases.
Can I sue if my doctor delayed my C-section?
Yes, if the delay was unreasonable and caused injury to your baby (such as oxygen deprivation), it may be considered medical malpractice.