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University of Miami May be Liable for Doctor’s’ Negligence

The Florida Supreme Court recently upheld a lower court’s ruling that although a direct claim of negligence may not be brought against the University of Miami, the university may still have to indemnify a verdict or settlement against the two doctors who allegedly caused a birth injury. The University of Miami sought to reverse an appeals court’s decision stating the university may be held vicariously responsible for a now 17-year-old boy’s birth injury.

Certain institutions are exempt from liability under Florida’s Birth-Related Neurological Injury Act, a no-fault alternative system for birth-related brain injuries resulting in expensive, long-term medical treatment. Under the act, parents of injured children may not bring medical malpractice claims against individuals or institutions involved in the injured child’s delivery but are instead afforded compensation and a lifetime of care for the child.

Florida Neurological Injury Compensation Association

The 1988 act established the The Florida Birth-Related Neurological Injury Compensation Association (NICA). The NICA’s purpose is to alleviate the burden families and institutions face paying for the lifetime of medical care children suffering from birth-related brain injuries require.

Under the program, the NICA provides reimbursement for medical treatment, rehabilitation, medical equipment, and hospital-related travel expenses. Parents of injured children may also receive monetary compensation of up to $100,000 cash award, reimbursement for any lawyers fees related to filing claims, and up to $10,000 in death benefits for the infant.

However, under the act, doctors must immediately inform patients of the hospital’s participation in the NICA program. In this case, two attending physicians from the University of Miami present for the child’s birth did not.

By declining to hear the university’s appeal of Third District Court of Appeal’s ruling, the Florida Supreme Court effectively upheld the lower court’s ruling allowing the parents to proceed with a civil lawsuit which may ultimately hold the University of Miami responsible for the child’s injury.

Miami birth injury lawyers

As a law firm that regularly represents the parents of children suffering from medical malpractice birth injuries, the Pendas Law Firm knows the hardships and struggles parents may go through trying to get their children the care they need. Doctors, big hospitals, and powerful insurance companies responsible for birth-injury mistakes often try to skirt responsibility for their negligent behavior.

Hiring a medical malpractice lawyer can help you get the justice your family deserves. Medical malpractice victims may hold liable parties for medical bills, lost wages (past, present, and future), emotional pain and suffering, and other compensatory damages.

Our law firm can help gather medical records, have evidence examined by expert witnesses, interview pertinent parties, and file all the necessary paperwork with the courts. Medical malpractice lawsuits are complex cases and defense lawyers will often convolute the process by obstructing your claim.

Fortunately, our seasoned lawyers have the experience and dedication necessary to properly prosecute your claim and help maximize your compensation. The Pendas Law Firm serves clients in the Fort Lauderdale, Miami, Orlando, Fort Myers, Tampa Bay, and Jacksonville areas.

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