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Medical Malpractice | Birth Injuries

Medical Malpractice | Birth Injuries

The process of labor and delivery is highly complicated and extremely unpredictable. Medical mistakes that occur during labor and delivery can be severe and even fatal. Each doctor must be able to make split-second decisions to protect the health and safety of the newborn. It is when trained physicians fail to notice warning signs or deviate from the accepted standards of care that children are harmed unnecessarily.

The most serious birth injuries are those that affect a child's brain. A lack of oxygen during delivery (hypoxia), or bleeding within the skull or brain is usually what causes birth injuries and often results in irreversible brain damage. Most medical malpractice claims that stem from this cause of injury allege that doctors or medical professionals failed to anticipate, recognize or react to these dangerous scenarios.

In 1989, a new law went into effect in Florida that allows recovery where an infant is substantially and permanently mentally and physically impaired as a result of an injury during birth to present a claim to a state agency and recover specified damages and medical expenses. Damages can be recovered if the infant meets the statutory criteria, even if no one was at fault. This Act is known as the Neurological Injury Compensation Act. Parents can recover up to $100,000 and medical expenses for the life of their child. Further, the Act pays all attorneys' fees and costs. The Law Office of Piercy J. Stakelum would be pleased to discuss the terms of this act with you at no charge.