When medical negligence causes or contributes to a birth injury, a claim may seek compensation for reasonable past and future losses. Depending on the circumstances, those losses may include medical treatment, therapy, assistive equipment, home care, special education needs, reduced future earning capacity, pain and suffering, and losses experienced by the child's parents. The available compensation depends on the nature of the injury, medical prognosis, causation evidence, applicable Florida law, insurance and collectible resources, and whether Florida's Birth-Related Neurological Injury Compensation Plan applies. Future care, life-care planning, home and vehicle modifications, and the child's reduced earning capacity often form a substantial part of a serious birth injury claim, and each requested loss must be supported by medical and expert evidence.
Key Takeaways
- Birth injury damages may extend far beyond the original hospitalization.
- Future medical and personal-care needs can form a substantial part of the claim.
- Experts may be needed to estimate lifelong care and lost earning capacity.
- The child's condition must be connected to medical negligence before damages can be recovered through a malpractice claim.
- NICA may provide an administrative remedy for certain qualifying neurological injuries.
- Gross recovery is different from the amount remaining after fees, expenses, liens, and other deductions.
This article provides general information and is not legal, medical, or financial advice. Compensation depends on medical causation, negligence, the child's needs, available evidence, Florida law, NICA eligibility, and sources of recovery. Reading this article does not create an attorney-client relationship.
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