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When medical malpractice by a doctor, nurse, obstetrician, surgeon, or other hospital staff causes the serious birth injury or death of a newborn or unborn child, parents may be able to collect damages for all medical expenses, including lifetime medical care for the child.

Parents and children face a lifetime of medical needs as a result of a birth injury. Many Massachusetts birth injury lawyers work with experienced economists and life care planners when estimating costs associated with future medical treatment, special education, medical equipment, lost wages, and loss in quality of life. They may also perform cost-data analyses based on information collected by HMOs and the insurance industry. This is all meant to make sure clients recover a fair, equitable award or settlement in order to take care of their child's needs.

Non-economic damages are limited to $500,000.00 per claimant in most cases, or $1 million in cases in which the plaintiff dies or is left in a persistent vegetative state. Total non-economic damages may not exceed $1 million. Punitive damages are limited to the lesser of three times compensatory damages or $500,000.00. Punitive damages are not capped if there is intent to harm.

Punitive damages in excess of three times the claimant's compensatory damages are presumed to be unreasonable, and the court must order a remittitur unless it determines by clear and convincing evidence that the amount is not excessive. Fla. Stat. Ann. § 768.73 (West 1997 & Supp. 1998). Florida's voluntary arbitration scheme also provides a cap on non-economic damages under certain circumstances

Florida has, by judicial decision, adopted what it calls the theory of corporate negligence to hold hospitals vicariously liable for the acts of non-employee physicians in medical malpractice cases. It holds that because a hospital is in a superior position to supervise and monitor physician performance, and is the only entity that can realistically provide quality control, it has an independent duty to select and retain competent independent physicians. This liability attaches only when the hospital fails to exercise due care in the selection and retention of the physicians on its staff. Insinga v. LaBella, 543 So. 2d 209 (Fla. 1989).

If you believe that your child may have suffered a birth injury and you would like to know your legal options, you should immediately speak with an experienced Massachusetts birth injury lawyer. Click here for help.