Neurological Injury Lawsuit Given Green Light In Florida
Birth injuries are particularly hard to deal with for families. When we welcome infants into the world, most of us are silently praying that the child will be born healthy and with no serious medical issues. Sometimes, these medical issues are simply unavoidable – and it’s a reality of nature we all must deal with. But on other occasions, birth injuries are the direct result of medical negligence – and these incidences can be particularly frustrating and enraging. Fortunately, a special program exists in Florida that provides compensation to children who have suffered neurological injuries at birth. But recent reports show that this program might not be what it seems…
If your child has suffered a birth injury in Florida, be sure to get in touch with a qualified, experienced personal injury attorney right away. With help from one of these legal professionals, you can explore various methods for recovering compensation. With a settlement, you can treat your child’s birth injuries in the best way possible. These birth injury lawsuits also serve to hold medical professionals accountable for their reckless negligence, ensuring that additional injuries do not occur in the future.
Whistleblower Lawsuit Suggests Corruption in Birth Injury Compensation Program
Recently, it was reported that a lawsuit filed against the Florida Birth-Related Neurological Injury Compensation Association was going ahead. Although the organization had attempted to appeal the lawsuit and have it dismissed, the 11th US Circuit Court of Appeals ultimately struck down this motion.
This program is intended to provide parents with a “no-fault” resolution system if their children have suffered certain neurological conditions upon birth. The system is also intended to protect doctors from being sued directly, and it was formed back in the 80s amidst widespread concern over rising medical malpractice insurance for these doctors.
The lawsuit accuses the NICA of making itself a “payer of last resort.” This means that the Medicaid program could be left with the bill in some cases, while the NICA wouldn’t have to pay a single cent. The lawsuit alleges that this is a clear violation of the False Claims Act, as Medicaid is always supposed to be the payer of last resort.
In response, the NICA claimed it was essentially just an extension of the government, and so it should be viewed as roughly equivalent to Medicaid. However, the appeals court rules that the state doesn’t actually exert much control over the program, and in many ways it is very independent from the government of Florida.
Enlist the Help of a Qualified Attorney Today
If you’ve been searching for an experienced Orlando personal injury attorney, look no further than Payer Law. We understand how difficult birth injuries can be for concerned families, but you should know that you’re not in this fight alone. With our assistance, you can hold negligence medical professionals accountable for their reckless actions while also pursuing a fair, adequate settlement. Book your consultation as soon as possible to take your first steps towards justice.
Source:
wlrn.org/news/2022-04-29/appeals-court-gives-the-go-ahead-on-lawsuit-involving-floridas-neurological-injury-program
