Birth-Related Neurological Injures

 

Orlando, Florida

The birth of a child is an exciting time for a family. It is unfortunate when excitement turns to tragedy in the event of a birth injury. Many birth injuries cause permanent neurological damage to the child, who requires special medical care for the rest of their lives.

Litigation is frequently started by the family to try to collect compensation for birth related neurological injuries to try to help offset some of those long term medical expenses. In order to help mitigate lawsuits, Florida established the Neurological Injury Compensation Association, NICA. Eligible families may be able to get assistance through the NICA, rather than go through lengthy court proceedings.

Birth Injuries

There are numerous injuries that are associated with childbirth, some are relatively minor and heal quickly. Other injuries cause long-term neurological damage to varying degrees. The most common include:

• Cerebral Palsy
• Erb's Palsy
• Brain damage
• Paralysis

Approximately 6 out of every 1000 births involve some level of birth injury. Some injuries are discovered right away, while others may not present themselves for months or even years.

Causes of Birth Injury

The leading cause of birth injury is hypoxia, or lack of oxygen to the brain. The extent of the damage is proportional to the length of time that the brain is starved for this vital element. In some cases, a mechanical problem with the delivery may contribute to nerve damage to the extremities. Problems that result in neurological complications include:

• Improper use of forceps or vacuum
• Failure to diagnose and treat fetal distress
• Failure to perform c-section for birth complications

Surprisingly, many birth injuries occur in large hospitals with adequate staff and space.

The NICA and Litigation Options

Traditionally, the only recourse for collecting compensation for birth injury is to file a medical malpractice lawsuit. Typically, these cases take a long time to work through the court system and may not always result in adequate compensation. It also puts a strain on families suffering from the devastation of injury.

The NICA helps eligible families obtain compensation more quickly in and with less stress than filing a lawsuit. Medical care for the child continues on an ongoing basis at approved medical facilities. To qualify, you must meet the following criteria:

• Brain or spinal cord injury
• Baby must be born alive
• The injury must have been caused by oxygen depravation or mechanical problem during birth
• Birth must have occurred in a hospital
• The child must be permanently damaged

The benefits of the program include medical care and hospitalization, rehabilitation and other related expenses. When signing up with NICA, you waive the rights to file a claim against the responsible parties.

Obviously, NICA does not cover all birth injuries that may have occurred. To find out more about Daytona birth injuries and seeking compensation, please contact a Florida birth injury attorney at Colling Gilbert Wright & Carter.