Stuart Birth Injury Lawyer
Childbirth should be a time of joy and celebration for families, but when medical negligence causes injury to your newborn, it can transform this joyous event into a time of uncertainty and stress. If you’re dealing with such a difficult situation, Lance P. Richard, P.A., a respected Stuart birth injury lawyer, is here to help you navigate this complicated legal terrain. Our team is dedicated to ensuring that the rights of your family are protected and you receive the compensation you deserve.
Understanding Birth Injuries
Birth injuries are injuries a newborn suffers during labor or delivery, often due to medical negligence. These can include cerebral palsy, brachial plexus injuries, perinatal asphyxia, or brain damage. The impacts of these injuries can be devastating, leading to long-term developmental problems, physical disabilities, or even death. If your child has suffered a birth injury due to a medical professional’s error or negligence, you may be entitled to compensation.
Florida’s Birth-Related Neurological Injury Compensation Act (NICA)
In Florida, the Birth-Related Neurological Injury Compensation Act (NICA) is a critical statute that provides compensation for severe birth-related neurological injuries. This legislation was designed to limit medical malpractice lawsuits related to birth injuries, with the aim of lowering medical insurance costs and ensuring obstetric services remain available and affordable. When a birth injury qualifies under NICA, families can receive compensation for actual expenses, including medical care, rehabilitation, special equipment, and related costs without proving negligence. However, this does not cover damages for pain and suffering.
Contributing to NICA and Your Right to Compensation
Physicians, hospitals, and insurance providers contribute to the NICA fund. When a family files a successful claim under NICA, it is this fund that provides the compensation, relieving individual doctors or hospitals from personal liability. However, applying for NICA benefits surrenders the right to pursue a traditional malpractice lawsuit. Therefore, it’s crucial to consult with a knowledgeable Stuart, Florida birth injury attorney to understand your options and determine the best course of action.
Can You Claim Medical Malpractice for Birth Trauma?
While NICA covers specific neurological injuries, many other types of birth injuries may be subject to a medical malpractice claim. If a healthcare provider’s negligence led to a birth injury, families could file a lawsuit seeking damages. This can cover the costs of medical care, future treatment, special educational needs, pain and suffering, and more.
Fighting for Your Rights with a Stuart, Florida Birth Injury Attorney
Dealing with a birth injury can be an emotionally distressing experience. When you’re wrestling with the reality of your child’s injury, the last thing you need is the additional burden of a legal struggle. That’s where Lance P. Richard, P.A. steps in. With a deep understanding of Florida’s birth injury laws and a steadfast dedication to clients, we strive to ensure your family’s rights are upheld. If your child has suffered a birth injury in Stuart, Florida, or surrounding areas, contact us today for the support and representation you need.
Contact Lance P. Richard, P.A., your dedicated Stuart, Florida birth injury lawyer, to schedule a free consultation today. Our team is here to guide you through the legal process, answering your questions, and ensuring your rights and interests are defended. Call us at 772-934-4070 or use our online contact form.