When a Preventable Mistake Harms a Baby or Mother
Labor and delivery should be one of the happiest days of a family’s life. When a medical team misses signs of fetal distress, delays a needed C-section, or uses delivery tools improperly, a baby can suffer injuries that last a lifetime. Mothers can also be seriously harmed by untreated complications.
The Injury Advocates represents families across Broward, Miami-Dade, and Palm Beach counties in serious birth injury cases. Birth injuries are one of the medical malpractice cases we handle, and we review every case with qualified medical experts.
Florida’s NICA Program and Birth Injury Claims
Florida has a special program for some birth injuries, the Florida Birth-Related Neurological Injury Compensation Plan, known as NICA. Under section 766.302, Florida Statutes, it covers injuries to the brain or spinal cord caused by oxygen deprivation or mechanical injury during labor, delivery, or resuscitation right after delivery in a hospital, when the baby weighed at least 2,500 grams at birth (2,000 grams for each baby in a multiple birth) and is left permanently and substantially impaired both mentally and physically.
When NICA applies, it generally replaces a lawsuit with no-fault benefits. But many birth injuries fall outside NICA, including injuries that do not meet the definition, injuries from prenatal care before labor, and many injuries to the mother. Whether the doctor and hospital participate in the plan and gave families the required notice can also matter. NICA claims generally must be filed within five years of the child’s birth. Getting this analysis right early can determine which path a family can take.
Common Birth Injury Cases
Deadlines and Next Steps
Florida’s deadline for medical malpractice claims is generally two years from when the injury was discovered or should have been discovered, and in most cases no more than four years from the date of the mistake. Before any lawsuit can be filed, Florida requires an expert review and a 90-day presuit investigation period, so it is important to start early.
Florida has special deadline rules for children. A claim for a child injured before the child’s eighth birthday may be brought later than the usual deadline in some cases, but families should not wait to get answers.
Learn more about how these cases work on our medical malpractice page, or call us for a free review of your situation.
Related Medical Malpractice Pages
Hospitals and their insurers defend malpractice claims aggressively. We work with qualified medical experts to find out what went wrong, document the full impact on your life, and build a case designed to hold the right parties accountable. If you cannot come to us, we can meet by phone, by video, or at your home or hospital.
Why Patients and Families Choose The Injury Advocates
Not always. NICA only covers a specific type of birth-related brain or spinal cord injury. Many birth injuries fall outside the program, and in some situations the way the doctor or hospital handled NICA notice can affect a family’s options. We review the medical records to determine which path applies.
Florida generally allows two years from when the injury was discovered or should have been discovered, with special rules for children injured before their eighth birthday. NICA claims generally must be filed within five years of birth. Because the rules are complex, it is best to speak with a lawyer as early as possible.
Nothing up front. Your consultation is free, and we handle injury cases on a contingency fee basis, which means our fee is a percentage of the money we recover for you. If we do not win your case, you owe no attorney’s fees and no case costs.
