For Florida families expecting a newborn, their daily lives are filled with hopes, dreams and stresses. As the big day approaches, a kaleidoscope of health-related issues for the expectant parents and their unborn child are placed in the hands of doctors, nurses and hospitals. When things go terribly wrong and a child is born with brain or spinal injuries, Florida law far too often closes courthouse doors to the parents seeking justice for their catastrophically injured child. For legal practitioners representing families, the intersection of complex maternal-fetal medicine, statutory disclosures, and procedural hurdles can frustrate the pursuit of accountability.

During the prenatal process all sorts of consent forms, from insurance to the potential types of medical procedures, are executed by an expecting mother. One form included may be a notice that, in the event there is a brain or spinal injury during labor and delivery, the doctors and hospital participate in a Florida no-fault compensation program. Naturally, little time is taken reading the lengthy disclosure, especially when not wanting to even contemplate a tragic outcome or broken promises of adequate care.