We can help you claim
compensation following an accident
illness or injury - nationwide
Call: 0800 10 757 95
Making a claim for birth injury compensation can be stressful and prone to time consuming bureaucracy inflicted by defending bodies, but for many victims of obstetric negligence it is the only redress when a child or mother suffers life-changing birth injuries.
In the US state of Florida a scheme has been set up to help children and families who have been affected by certain types of birth injury to avoid the necessity for lengthy court battles and to facilitate the payment of birth injury compensation by those responsible on a no-fault basis.
The Florida Birth-Related Neurological Injury Compensation Association (NICA) was founded in 1988 by the Florida Legislature as a statutory organisation which manages a Plan used to help pay for the care of babies who have suffered certain neurological injuries at birth.
Eligible families from the state can apply for funds from the Plan without having to result to going to court.
Medical practice is funded differently in the USA than for most patients in the UK who get free treatment under the National Health Service and, as such, it is in the interests of practitioners to join a scheme such as this one as it shows potential patients that, should a birth injury occur, any compensation will be paid without having to resort to litigation. Thus, being a member of the NICA Plan may persuade some families to choose their care over an obstetrician who has not joined the Plan.
Birth injury compensation for life
Although the scheme offers lifelong funding for care and medical services for permanently disabled children, there are certain eligibility criteria for inclusion in the Plan and disabilities must have been caused by injury to either the spinal cord or the brain. Further, participation in the scheme means the family waives their right to litigious settlement.
Critically, for some parents, any compensation payments are made on a no-fault basis and statistics have shown that many parents and patients who have suffered medical negligence commence a claim against a healthcare provider so that a professional or healthcare body can be proved to have been at-fault. In many instances, patients say that what they really want is for the hospital to apologise and admit that they were at-fault, so that lessons can be learned and other patients will not have to suffer in the same way.
The US scheme may save on litigation costs, but the cost to society in not apportioning blame in medical negligence and learning from medical errors may be much higher.
Claiming birth injury compensation with YouClaim in the UK
If you have been affected by any form of birth injury, as the mother or the child, it is your civil right to make a claim for 100% compensation.
Whilst the complexities of medical negligence claims mean we cannot offer our services on an entirely no win, no fee basis, we assure all claimants that we will carefully explain all potential costs which may be involved in making a claim and wherever possible in a successful claim we will attempt to claim costs back from the defendant's insurers.
If you wish to commence a claim for birth injury compensation, please call one of knowledgeable legal advisors on 0800 10 757 95. You can also contact us over the internet via echat or by filling in an online claim form.
We can assure you of a sensitive and professional service at all times, and our medical negligence lawyers will strive to bring your claim to its most successful conclusion.
