Birth Injury Lawyer
A Birth Injury Is Not Your Fault But Medical Professionals May Be Responsible
When a birth injury occurs, parents often ask themselves why it happened and whether it could have been prevented by their own actions. A birth injury or defect may be unavoidable, even when professional standards of care are followed by the doctor and healthcare professionals. However, there are occasions when a birth injury is preventable and may be the result of medical negligence or a medical error, like failure to order a C-section or failure to detect fetal distress.
We invite clients throughout Winter Haven and beyond to request a free consultation at our law office in Lakeland, FL. Our personal injury attorneys can determine if you have a viable birth injury claim.
A $2,250,000 Settlement Achieving Justice for Parents Like You
Our client's infant sustained a brain injury during birth. We successfully litigated against the doctors and the hospital on medical malpractice claims for birth-related injuries due to delayed diagnosis and failure to resuscitate the infant. We secured an award of $2,250,000 for the child and parents.
Common Birth Injuries
Like many personal injuries, birth injuries can be permanent and require a lifetime of expensive medical care. At Moody Law in Lakeland, Bartow, and Tampa, our personal injury lawyers have represented families with children who have suffered from injuries like:
Brachial Plexus Palsy (Erb's Palsy)
This paralysis of the arm occurs after damage to an infant's brachial plexus, the group of nerves that controls movement in the arms. During birth, if there is difficulty freeing the infant's shoulder after the head has appeared, a medical professional may injure the brachial plexus, resulting in this condition. Compensation from a birth injury lawsuit can help pay for surgery and physical therapy that can help your child regain normal function of their arm.
Cerebral Palsy
Cerebral palsy is a motor disability that results in difficulty with muscle movement, balance, coordination, and speech. The personal injury may be the result of damage to the brain during or shortly after birth. You may have a birth injury case if your child has cerebral palsy as a result of medical malpractice.
Epilepsy
Birth trauma or a brain injury during birth can lead to epilepsy, a neurological disorder that causes seizures. The seizures can range in severity, but our personal injury lawyers can help you obtain compensation that covers your child's medical bills, future medical expenses, home care, and more.
Understanding NICA Florida's Birth-Related Neurological Injury Compensation Association
In 1988, the Florida Legislature created the Florida Birth-Related Neurological Injury Compensation Association (NICA). This organization manages a plan for children who have suffered a birth-related neurological injury, defined as an injury to the brain or spinal cord of a live infant, or a mechanical injury occurring in the course of labor, delivery, or resuscitation in the immediate post-delivery period in a hospital. The injury renders the infant permanently and substantially mentally and physically impaired.
If the child qualifies, the NICA plan is the exclusive means for the recovery of compensation for birth-related neurological injuries in medical malpractice cases. However, timely notice before birth to the mother/patient is a condition that must be met before a family’s recovery can be limited by NICA.
A birth injury attorney at Moody Law can evaluate whether the proper notice under NICA was given by healthcare professionals and whether NICA benefits are available to you and your family. Benefits may include:
- A one-time payment of $250,000 upon acceptance to the program
- Actual expenses for medical and hospital rehabilitative services, training, residential and custodial care and services, medications, special equipment, facilities, and related travel that is medically necessary and reasonable.
- A lump sum or periodic payments to the parents or legal guardian of the infant not to exceed $100,000.
- Reasonable expenses incurred in connection with filing the claim, including attorney fees.
Our law firm can help with a variety of personal injury cases, like car accidents, motorcycle accidents, and wrongful death. We have secured several multi-million dollar recoveries for clients like you who simply want their families to lead normal lives.
