Tallahassee Birth Injury Attorney
Birth injuries are both traumatic and relatively common in the United States. One study published in the Journal of Maternal-Fetal & Neonatal Medicine in 2013 looked at the rate of birth trauma in a medical facility from 1986 to 2009. It found 24.3 full-term newborns of every 1,000 births were diagnosed with birth trauma.
If your child has suffered a birth injury related to medical malpractice in Tallahassee, you may have legal recourse to pursue a claim in order to receive compensation for the costs of your child’s medical treatments. Consult an attorney for help and consider the following before filing a claim.
Common Causes and Types of Birth Injuries
There are a variety of factors that may cause or contribute to birth injury. The study mentioned above found that children delivered via instrumental delivery (using assistive birthing instruments to aid in delivery) were 7.5 times as likely to suffer birth injury as those not delivered via instrumental delivery.
A significant delay in performing Cesarean section (which the study mentioned above was the only protective factor against birth trauma) also can cause birth injury. This might be the case if the child suffers from a lack of oxygen and requires an emergency C-section. If the doctor fails to perform it promptly, it might cause injury. In extreme cases, this may lead to cerebral palsy and other serious health effects.
Other types of birth injuries are bone fractures, cephalohematoma, caput succedaneum, subconjunctival hemorrhage, facial paralysis and spinal cord injuries.
Florida Birth-Related Neurological Injury Compensation Act (NICA)
Florida has a program in place known as the Florida Birth Related Neurological Injury Compensation Act (NICA). Under this act, you may claim compensation if your child suffered certain injuries such as those affecting the brain and spinal cord. You do not have to prove any medical provider’s negligence or liability.The injury must be the result of oxygen deprivation or mechanical injury during labor and delivery.
While the program will cover the costs of medical care, hospitalization and medication, it does not cover damages such as personal suffering or disfigurement. However, you cannot receive compensation from NICA and purse a medical malpractice claim.
Holding a Medical Professional Liable
Talk to an attorney about your eligibility for NICA or if you qualify to file a medical malpractice lawsuit. If you are pursuing litigation, you must prove the doctor’s actions were negligent. That is, other reasonable professionals would not have acted in the same manner under similar circumstances.
You also must demonstrate damages related to the malpractice. This allows you to recover appropriate compensation to cover your child’s needs and care. Minor injuries that cause no damages, for example, may not warrant taking legal action.
Consult a Birth Injury Attorney
Because birth injury claims, like many other personal injury claims, have a statute of limitations, it is important to act now. If your baby suffered a birth injury and you suspect that these injuries were the result of medical malpractice, consult a birth injury attorney immediately.
The attorneys at Barrett, Fasig & Brooks in Tallahassee can help file your claim and understand your compensation options. To set up a free consultation, call us today at 850-224-3310.