Can I receive damages for pain and suffering in a Florida birth injury case?
If it is the parents, the answer is no. If it is the child, the answer is yes. And then, it gets into a very complicated set of laws called NICA, which is a child birth related neurological injury system that they have, that doctors have created, and hospitals, to protect them from lawsuits. But, generally speaking, NICA doesn’t apply to birth related injuries, so the child would be able to recover if in fact the doctor or the hospital violated the standard of care in providing treatment to that child.