Birth injuries can have lifelong consequences for both the child and their family. The financial, emotional, and physical burdens that come with these injuries can be overwhelming. However, compensation is available to help ease these challenges. In this guide, we’ll explain the different types of damages that parents can claim, how compensation is determined, and what Florida’s Birth-Related Neurological Injury Compensation Act (NICA) means for families seeking justice.

What is Birth Injury Compensation?

Birth injury compensation refers to the financial recovery awarded to families when a child suffers harm due to medical negligence during labor or delivery. This compensation helps cover medical costs, lost wages, emotional distress, and other damages caused by the injury.

The types of compensation available fall into three main categories:

• Economic damages – Covers actual financial losses like medical bills and lost wages.
• Non-economic damages – Covers emotional and psychological suffering.
• Punitive damages – Punishes healthcare providers for extreme negligence.

In Florida, the NICA program provides an alternative compensation route for specific birth-related neurological injuries, though it comes with limitations.

Let’s explore these categories in detail.

Economic Damages (Financial Losses)

Economic damages cover tangible financial losses due to a birth injury. These include medical expenses, therapy costs, and loss of earnings for both the child and parents.

Medical Expenses
Birth injuries often require extensive medical care. Compensation can cover:

• Hospital stays – Including intensive care and extended monitoring.
• Surgeries – To correct birth defects or internal injuries.
• Medications – For pain management and long-term treatments.
• Medical equipment – Wheelchairs, braces, feeding tubes, or assistive devices.
• Physical, occupational, and speech therapy – For rehabilitation and developmental support.
• In-home care assistance – If a caregiver is needed for daily support.

Rehabilitation Costs
Children with birth injuries may require lifelong specialized rehabilitation, such as:

• Physical therapy – To improve movement and mobility.
• Occupational therapy – To help with daily living skills.
• Speech therapy – If the child has trouble speaking or swallowing.

These costs can accumulate over time, making compensation essential for the child’s quality of life.

Lost Wages of Parents & Caregivers
If a parent needs to take time off work (or quit) to care for their child, they may be eligible for lost wage compensation. This applies to:

• Parents taking unpaid leave for medical appointments.
• Full-time caregivers who can no longer work.
• Parents forced into lower-paying jobs due to caregiving responsibilities.

Special Education Costs
If the child has developmental delays or disabilities, compensation can help cover:

• Special schooling or private tutors.
• Adaptive learning tools.
• Accommodations for disabilities (e.g., an aide in school).

Home and Vehicle Modifications
Some children with birth injuries require:

• Wheelchair ramps and widened doorways.
• Bathroom modifications for accessibility.
• Specialized vehicles with wheelchair lifts.

These costs are considered in compensation claims.

Future Lost Earnings
If the child’s birth injury affects their ability to work as an adult, parents may seek compensation for lost earning potential. This ensures financial support for the child even after the parents can no longer provide care.

Non-Economic Damages (Pain & Suffering)

Non-economic damages compensate for emotional and psychological effects of birth injuries. These are subjective but are just as important as financial losses.

Pain and Suffering
This covers the physical pain endured by the child due to:

• Chronic pain from nerve damage.
• Muscle spasms and movement difficulties.
• Painful surgeries and medical procedures.

Emotional Distress
Birth injuries can cause lasting emotional trauma, such as:

• Mental anguish for the child – Dealing with disabilities and limitations.
• Psychological stress for parents – Guilt, anxiety, and depression.

Loss of Enjoyment of Life
If the child’s quality of life is severely impacted, families can seek compensation for:

• Inability to participate in normal childhood activities.
• Struggles with social interactions and friendships.
• The need for lifelong dependency on caregivers.

Disfigurement & Disability
Children with permanent disabilities, such as cerebral palsy or brain damage, may receive additional compensation for loss of normal bodily function and visible disfigurement.

Punitive Damages for Medical Negligence

Punitive damages are only awarded in extreme cases where medical professionals acted recklessly or with gross negligence. These cases may include:

• Intentional malpractice – Knowingly ignoring medical safety protocols.
• Cover-ups – Hiding mistakes that led to the injury.
• Failure to take corrective action – Ignoring fetal distress signs.

Punitive damages punish the healthcare provider and serve as a deterrent for future negligence.

Florida’s Birth-Related Neurological Injury Compensation Act (NICA)

Florida has a unique program known as NICA, designed to compensate families for severe birth-related neurological injuries caused by oxygen deprivation or spinal cord injury at birth.

How NICA Works

• Covers medical expenses and long-term care.
• Limits lawsuits – Parents cannot sue doctors or hospitals unless they opt out of NICA.
• Strict eligibility criteria – Only certain types of brain and spinal cord injuries qualify.

While NICA provides guaranteed benefits, it does not compensate for pain and suffering or lost wages. Families should consult a lawyer to determine if a malpractice lawsuit is a better option.

Wrongful Death Damages (If the Injury Leads to Fatality)

If a birth injury leads to a child’s death, parents may recover:

• Funeral and burial costs – Covering expenses related to services and burial.
• Emotional distress damages – Compensating parents for the loss.
• Loss of companionship & support – Recognizing the devastating impact of losing a child.

In Florida, wrongful death claims must be filed within a strict legal timeframe, so it’s important to act quickly.

How Compensation is Determined

Several factors affect the amount of compensation a family can receive:

• Severity of the Injury – Permanent disabilities receive higher compensation.
• Medical Costs – Past, present, and future medical expenses are considered.
• Level of Negligence – Cases of extreme negligence may qualify for punitive damages.
• Legal Route – Compensation depends on whether the claim is filed under traditional malpractice laws or NICA.

An experienced birth injury attorney can evaluate your case and determine the best path forward.

Seek Legal Help for Birth Injury Compensation

If your child has suffered a birth injury, you don’t have to navigate this alone. A legal expert can:

• Help you determine if your case qualifies for NICA.
• Calculate the full amount of compensation you deserve.
• Fight for your rights in a malpractice lawsuit.

Contact Rafferty Domnick Cunningham & Yaffa Today
Time limits apply to filing claims, so act now. Speak with Rafferty Domnick Cunningham & Yaffa to explore your options and secure the compensation your child deserves.