- 26 May
Different Birth Injuries in Florida
Medical Malpractice: Different Birth Injuries in Florida
Florida collects statistics on births and infant mortality rates, however finding out how many children are harmed in birth injuries is more difficult. To combat litigation, Florida enacted NICA, the Florida Birth-Related Neurological Injury Compensation Plan. NICA is a no-fault compensation plan that covers a limited amount of birth injuries.
Because of the strict qualifications for NICA, many parents may not be able to receive compensation. Thankfully, filing a medical malpractice suit is still a viable option that can help relieve some of the financial burden that comes with providing care for a child who has suffered a birth injury.
Common Types of Birth Injuries
Birthing should be a joyous time. Welcoming a new family member and expanding families is a precious time. Most children are welcomed safely and healthily into the world. Unfortunately, a rare few are injured by inept medical providers.
A birthing injury can occur during pregnancy, during the birthing process, or directly after birthing. There are several types of injuries to different nerves, bones, and soft tissues. Here are some of the most concerning types that affect new births.
Brain Damage During Birth
Improper birthing methods or monitoring, poor handling of a newborn, and lack of oxygen can lead to brain damage during the birthing process. Brain damage can also be a result of misuse of birthing tools.
Brain damage may result in mental disabilities of varying severity. Depending on the severity of the brain damage, this type of birth injury could require significant future care, including help performing everyday activities like dressing and going to the bathroom.
Spinal Cord Damage During Birth
Spinal cord injuries may result from a breech birth or attempting to turn the baby in utero. This is why it is important for obstetricians to continually monitor fetal positioning.
A spinal cord injury during birth could affect a child’s ability to walk or use their limbs and may affect a child’s quality of life. In addition, a spinal cord injury may damage nerves.
According to the National Institute of Neurological Disorders and Strokes, a small number of cerebral palsy cases are due to brain damage when a child is small, including birth injuries. Lack of oxygen, head trauma, and infection can all put an infant’s brain at risk.
Cerebral palsy can affect motor function as well as brain function. Cerebral palsy’s severity varies from patient to patient. Some need minimal care, while others will require expensive lifelong monitoring.
When Should You See a Tampa Personal Injury Lawyer?
If your child was harmed during birth, seeking legal help from a Tampa birth injury lawyer can help you determine your next steps. For injuries that will require future medical care, it’s important to plan ahead. Florida has a statute of limitations on medical injuries. In order to ensure that a judge or jury hears your claim, you must file your claim within two years of the injury or two years from when it became clear that the injury was due to medical malpractice.
A Tampa personal injury lawyer can help you navigate the confusing application for NICA if you qualify or help you file a claim in civil court.
If a medical professional harmed your child during the birthing process, or failed to protect your child with reasonable care while he or she was in the womb, and your child has suffered because of it, filing a medical malpractice suit may help pay for outstanding medical bills or future care. Speak with a Tampa personal injury lawyer today and start planning for the future.