Payout Limit for Birth Injuries Upheld in Florida

Posted on September 4, 2013 at 8:00am by

A recent report by American Medical News states that the Florida Supreme Court has upheld a state law that limits the amount of compensation available to parents affected by birth injuries.

When a child in Florida suffers a brain injury or cerebral palsy due to the negligence of a physician, the law provides for only $100,000 of compensation. Two parents of a child who had suffered neurological injuries during birth brought a recent lawsuit forth, arguing that $100,000 simply was not enough to cover the expenses of treating a birth injury. Unfortunately, the Florida Supreme Court upheld the state limit. This is an example of tort reform at its very worst.

However, the law also states that parents or guardians of children who suffered birth injuries are able to pursue financial remedy under the law. In many cases, the costs of medical treatments, therapy, physician visits and home modifications can cost hundreds of thousands of dollars. Many families may find their financial resources exhausted by the effects of a physician’s negligence.

When birth injuries occur, we stand ready to fight for justice on behalf of affected families. Contact our office today if you or your child has suffered due to a physician or nurse’s mistakes during the birthing process. Our birth injury attorney will fight aggressively to get your family what it deserves.

Did You Know: If a doctor uses forceps at the wrong stage of labor, the baby can suffer bruising, permanent indentations, severe cranial damage, excessive blood loss, or cephalohematoma, during which there is bleeding between the bone and its protective covering.

Cappolino Dodd Krebs LLPBirth Injury Attorneys



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