A "birth related neurological injury" is any injury to the brain or spinal cord of a live infant weighing at least 2,500 grams for a single gestation or, in the case of a multiple gestation, a live infant weighing at least 2,000 grams at birth caused by oxygen deprivation or mechanical injury occurring in the course of labor, delivery or resuscitation in the immediate post delivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired.  A cause of action for a birth related neurological injury only exists for live births and does not include disability or death caused by genetic or congenital abnormality.  Therefore, in order to maintain a cause of action for a birth related neurological injury the plaintiff must establish that the infant suffered both a substantial mental and physical impairment.  A claim for neurological injury will not be sustained if only one of the elements is proven.  In other words, it is insufficient to show only that the infant suffered either a substantial mental impairment or a substantial physical impairment. 

Florida's Birth-Related Neurological Injury Compensation Plan allows for recovery irrespective of fault, for an action for birth-related neurological injury claims.  The intent of the Florida legislature was to provide compensation to those infants who have suffered catastrophic neurological injuries, and will likely need life long medical, custodial, and rehabilitative care.  Neurological injuries can be devastating not only to the child, but to the family who loves and cares for that child.  The Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will work hard to recover the much needed compensation a child with a devastating birth related neurological injury deserves.  Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind.  You need an experienced West Palm Beach child injury lawyer.  Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Blog for Birth-related Neurological Injuries

• Establishing a Claim for Birth-Related Neurological Injury

  Description: West Palm Beach child injury lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Library for Birth-related Neurological Injuries:

• Establishing a Cause of Action for Birth Related Neurological Injury
  Description: West Palm Beach child injury lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

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Frequent Questions for Birth-related Neurological Injuries:

• Should a plaintiff prove that a neurological injury to an infant resulted in both substantial physical and mental impairment?