What About Birth Injuries Caused by Malpractice?
Birth injuries caused by medical malpractice are serious matters. In most states, these types of claims are handled like other medical malpractice claims. However, Florida and Virginia have adopted special programs for compensating children who are injured during the birthing process. While the compensation may be substantially less than the damages that could be recovered in a full-fledged malpractice lawsuit, the unique aspect of these special programs is that the family does not have to prove that the birth injuries were anybody’s fault.
Florida’s Special Program for Birth Injuries
Florida has a program called the
Florida Birth-Related Neurological Injury Compensation Act (NICA) , which allows families to recover compensation for certain catastrophic birth injuries without proving anyone is at fault. To qualify, you must file an administrative claim to prove that the injuries occurred during labor, delivery, or the immediate post-delivery resuscitation period. The infant’s injuries must precisely fit the statutory definition, and the obstetrician must have been a member of NICA.Compensation Under NICA
The damages that can be recovered under NICA may include:
- Expenses for medical care
- Hospitalizations
- Habilitative care
- Training
- Custodial care
- Drugs
- Special equipment
- Related travel expenses
- Attorneys’ fees for filing the claim
Parents may also recover up to $100,000. However, the program will not cover other damages such as payment for pain, mental anguish, disfigurement, loss of ability to enjoy life, or the economic loss from the inability to work. One serious flaw with this program is that it will not pay for what is already being covered by private insurance or any governmental program. Since almost everyone is either insured or covered by Medicaid, the program offers very little to some families.
Handling Birth Injury Claims Outside Special Programs
For birth injury claims outside special programs like NICA, it is essential to work with an experienced medical malpractice attorney. These cases require a thorough understanding of medical records, the doctor-patient relationship, and the standard of care that was expected but failed. An experienced medical malpractice lawyer will help you navigate the complexities of filing a medical malpractice claim and ensure that you meet all necessary time limits and statute of limitations.
Key Considerations in Birth Injury Cases
- Types of Medical Malpractice: Common types include errors during labor and delivery, medication errors, and failure to monitor the baby’s condition.
- Collecting Medical Records: Thoroughly reviewing medical records is crucial for building a strong case.
- Proving Negligence: Establishing that the medical professional failed to meet the expected standard of care.
- Filing a Medical Malpractice Claim: Ensuring the claim is filed within the required time limits.
- Navigating Comparative Negligence: Understanding how comparative fault rules might affect your case.
Conclusion
Understanding the nuances of birth injury claims and the special programs available in certain states is crucial. Consulting with an experienced medical malpractice attorney can help you navigate these complexities and ensure that your rights are protected. They will provide valuable guidance on filing a medical malpractice claim and recovering the compensation you deserve.