Florida Birth Injury Lawyers: Get a Free Case Evaluation

When your child suffers a birth injury in Florida, the road ahead can feel overwhelming. Between medical appointments, therapies, and the emotional weight of your child’s diagnosis, many families struggle to understand what happened during delivery—and whether medical negligence played a role. If preventable errors during labor or delivery caused your child’s injury, you have legal rights under Florida law.

If you believe your child’s birth injury was caused by medical negligence, a Florida birth injury attorney can review your case at no cost and help you understand whether malpractice occurred. Because Florida’s statute of limitations imposes strict deadlines on these cases, it’s important to get answers sooner rather than later. Contact a Florida birth injury lawyer today for a free, confidential case evaluation.

On this page:

• Birth injuries in Florida
• Common types of negligence
• Florida’s medical malpractice laws
• Statute of limitations deadlines
• What compensation covers
• Choosing the right attorney
• How contingency fees work
• Cases we handle
• Frequently asked questions

Birth Injuries in Florida: Understanding Your Legal Rights

Florida families affected by birth injuries face unique challenges. The medical costs alone can be staggering—children with cerebral palsy, hypoxic-ischemic encephalopathy, or Erb’s palsy often require lifelong care, specialized equipment, and ongoing therapies. When these injuries result from preventable medical errors, Florida law allows families to pursue compensation through medical malpractice claims.

Birth injuries differ from birth defects. A birth defect typically involves a genetic or developmental condition that occurs during pregnancy. A birth injury, by contrast, happens during labor and delivery due to physical trauma or oxygen deprivation. Many birth injuries are preventable when healthcare providers follow appropriate standards of care.

Not every birth injury constitutes medical malpractice. However, when doctors, nurses, or hospital staff fail to meet accepted medical standards—and that failure directly causes harm to your baby—you may have grounds for legal action. A qualified Florida birth injury attorney can investigate your case and determine whether negligence occurred.

Common Types of Birth Injury Medical Negligence in Florida

Florida birth injury cases often involve specific types of medical errors that occur during prenatal care, labor, or delivery. Understanding these common forms of negligence can help you recognize whether your situation may warrant legal action.

Failure to Monitor Fetal Distress

One of the most frequent causes of birth injuries is the failure to properly monitor fetal heart rate patterns during labor. Electronic fetal monitoring tracks your baby’s heart rate and can reveal signs of oxygen deprivation or distress. When healthcare providers fail to recognize abnormal patterns—or delay responding to them—the baby may suffer brain damage.

Hypoxic-ischemic encephalopathy (HIE) often results from prolonged oxygen deprivation during delivery. This serious condition can lead to cerebral palsy, developmental delays, seizures, and other permanent disabilities.

Delayed or Unnecessary Cesarean Section

Timing matters when it comes to C-sections. When fetal distress signals indicate your baby is in danger, a delayed C-section can result in brain damage or death. Medical providers must recognize when vaginal delivery poses excessive risks and act quickly.

Conversely, unnecessary C-sections performed without valid medical indications can also cause injuries. Surgical errors during cesarean deliveries may result in lacerations, infections, or other complications affecting mother or child.

Improper Use of Delivery Instruments

Vacuum extraction injuries and forceps delivery injuries occur when healthcare providers apply excessive force or use these instruments improperly. These tools can cause skull fractures, brain bleeding, nerve damage, and other serious harm when misused.

Shoulder dystocia—when the baby’s shoulder becomes stuck behind the mother’s pubic bone—requires specific maneuvers to safely deliver the infant. Applying excessive lateral traction or using improper techniques can cause Erb’s palsy and other brachial plexus injuries.

Medication Errors

Administering incorrect medications or dosages during labor can harm both mother and baby. Pitocin, used to induce or augment labor, can cause dangerously strong contractions that deprive the baby of oxygen. Anesthesia errors may result in complications affecting the delivery process.

Failure to Diagnose and Treat Maternal Infections

Infections during pregnancy or labor—including Group B streptococcus, chorioamnionitis, and urinary tract infections—can cause serious harm to newborns if left untreated. Healthcare providers must screen for these conditions and provide appropriate treatment to prevent birth asphyxia, sepsis, and other complications.

Failure to Respond to Umbilical Cord Complications

Umbilical cord complications such as cord prolapse, nuchal cord (wrapped around the neck), or true knots require immediate recognition and intervention. Delays in addressing these issues can result in oxygen deprivation and brain injury.

If your child’s birth injury involves any of these scenarios, a Florida medical malpractice attorney can review your medical records and help determine whether the healthcare team met appropriate standards of care.

Florida’s Medical Malpractice Laws: What Families Need to Know

Florida has specific laws governing medical malpractice claims, including those involving birth injuries. Understanding these legal requirements is critical to protecting your family’s rights.

Presuit Requirements and Investigation Period

Before filing a birth injury lawsuit in Florida, you must complete a presuit investigation period. This process requires your birth injury lawyer to:

• Conduct a reasonable investigation to determine whether grounds exist for a medical malpractice claim
• Obtain relevant medical records
• Have a qualified medical expert review the case and provide a written opinion
• Notify the healthcare provider of the intent to file a claim

This presuit period typically adds several months to the timeline but serves to screen out frivolous claims and encourage early settlement discussions.

Standard of Care in Birth Injury Cases

To prove medical malpractice during birth, your attorney must demonstrate that the healthcare provider deviated from the accepted standard of care. This means showing what a reasonably prudent healthcare provider with similar training would have done under similar circumstances.

Florida requires expert medical testimony to establish the standard of care in birth injury cases. Your birth injury lawyer will work with qualified obstetricians, neonatologists, and other specialists who can explain how the medical team’s actions fell below accepted practices.

Proving Causation

It’s not enough to show that a healthcare provider made a mistake. You must also prove that the negligence directly caused your child’s injury. This element—called causation—can be challenging in birth injury cases because some conditions have multiple potential causes.

A Florida birth injury attorney will gather evidence including fetal monitoring strips, Apgar scores, umbilical cord blood gas results, imaging studies, and medical records to establish the link between negligence and injury. Expert witnesses play a critical role in explaining how the deviation from standard care caused the harm your child suffered.

Florida Birth Injury Statute of Limitations: Time Limits That Apply

Florida’s statute of limitations for medical malpractice cases imposes strict deadlines. Missing these deadlines typically means losing your right to compensation permanently.

General Statute of Limitations

Under Florida law, medical malpractice claims generally must be filed within two years from the date the injury was discovered or should have been discovered through reasonable diligence. However, no claim may be filed more than four years after the date of the alleged malpractice, with limited exceptions.

Special Rules for Birth Injury Cases

Birth injury cases involving minors benefit from specific exceptions. If your child was under age eight when the malpractice occurred, you generally have until the child’s eighth birthday to file a claim, even if this extends beyond the standard four-year deadline.

For children who suffered brain or spinal cord injuries at birth that weren’t immediately apparent, Florida law may extend the statute of limitations. However, these extensions have specific requirements and limitations.

Statute of Repose

Florida’s statute of repose creates an absolute deadline—typically four years from the date of malpractice—after which no claim can be filed regardless of when the injury was discovered. Exceptions exist for cases involving fraud, concealment, or intentional misrepresentation by healthcare providers.

Why Acting Quickly Matters

Even though Florida provides some extended timeframes for children’s cases, waiting too long creates significant challenges:

• Witnesses’ memories fade over time
• Medical records may be lost or destroyed
• Healthcare providers may relocate or retire
• The presuit investigation period requires several months before filing
• Complex birth injury cases require extensive preparation

A Florida birth injury lawyer can evaluate your case and ensure all deadlines are met while building the strongest possible claim.

Don’t risk losing your right to compensation. If you suspect medical negligence caused your child’s birth injury, request a free case review today to understand the deadlines that apply to your situation.

What Compensation Can Florida Birth Injury Cases Recover?

Birth injury compensation addresses both the immediate and long-term financial impact of your child’s injury. Florida law recognizes two categories of damages in medical malpractice cases.

Economic Damages

These quantifiable financial losses include:

Past and Future Medical Expenses: Children with birth injuries often require extensive medical care including surgeries, hospitalizations, specialist visits, medications, and medical equipment. Your compensation should cover all reasonably necessary medical treatment your child will need throughout their lifetime.

Therapy and Rehabilitation Costs: Many children with cerebral palsy, HIE, or nerve injuries require ongoing physical therapy, occupational therapy, and speech therapy. These costs can amount to hundreds of thousands of dollars over a lifetime.

Assistive Devices and Adaptive Equipment: Wheelchairs, orthotics, communication devices, and other assistive technology help children with birth injuries achieve greater independence. Your compensation should account for both initial equipment costs and future replacements as your child grows.

Home and Vehicle Modifications: Families may need wheelchair ramps, accessible bathrooms, specialized beds, or modified vehicles to care for a child with mobility limitations.

Special Education and Life Care Needs: Children with cognitive impairments may require special education services, behavioral therapy, and supervised living arrangements into adulthood.

Lost Earning Capacity: If your child’s injury prevents them from working as an adult or limits their earning potential, you may recover compensation for this future economic loss.

Parental Lost Wages: Many parents must reduce work hours or leave employment entirely to care for a child with significant medical needs.

Non-Economic Damages

These subjective losses include:

Pain and Suffering: Compensation for the physical pain your child experiences due to their injury.

Mental Anguish: The emotional and psychological impact of living with a permanent disability.

Loss of Enjoyment of Life: The diminished ability to participate in activities and experiences other children enjoy.

Disability and Disfigurement: Compensation for the permanent physical limitations and any visible scarring or disfigurement.

Florida’s Caps on Non-Economic Damages

Florida law imposes caps on non-economic damages in medical malpractice cases, with different limits depending on the type of healthcare provider involved and whether the case involves catastrophic injuries. A knowledgeable Florida birth injury attorney can explain how these caps might affect your specific case.

How Birth Injury Settlements Are Structured

Many birth injury settlements involve structured settlements rather than lump-sum payments. These arrangements provide periodic payments over time, ensuring long-term financial security for your child’s care needs. Florida law requires court approval of settlements involving minors.

The value of your case depends on multiple factors including the severity of your child’s injury, the strength of evidence supporting negligence, and the long-term care needs your child will face. An experienced Florida medical malpractice attorney can work with life care planners, economists, and medical experts to accurately calculate your damages.

Types of Birth Injury Cases Florida Lawyers Handle

Florida birth injury attorneys represent families affected by various preventable conditions. Understanding the types of birth injuries helps you recognize whether your situation may involve medical malpractice.

Cerebral Palsy

Cerebral palsy affects muscle tone, movement, and motor skills due to brain damage that occurs before, during, or shortly after birth. While not all cases result from negligence, many stem from preventable oxygen deprivation during delivery.

Florida cerebral palsy attorneys investigate whether your child’s condition resulted from failures to monitor fetal distress, delays in performing necessary C-sections, or other deviations from appropriate care standards. Cerebral palsy lawsuits can provide compensation for the extensive therapy, equipment, and support these children need throughout their lives.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE occurs when the baby’s brain doesn’t receive adequate oxygen and blood flow during birth. This condition can cause severe disabilities including cerebral palsy, intellectual impairments, epilepsy, and vision or hearing problems.

Therapeutic hypothermia (cooling therapy) can reduce brain damage if administered within six hours of birth. Failure to recognize HIE and provide this treatment may constitute negligence.

Erb’s Palsy and Brachial Plexus Injuries

These nerve injuries affect the arm, hand, and shoulder when excessive force during delivery damages the brachial plexus nerve network. Shoulder dystocia—when the baby’s shoulder becomes lodged during delivery—often precedes these injuries.

Healthcare providers must use appropriate maneuvers to resolve shoulder dystocia. Applying excessive lateral traction or failing to anticipate high-risk situations may constitute negligence. While some brachial plexus injuries resolve within months, severe cases cause permanent disability requiring surgery and ongoing therapy.

Brain Damage and Neurological Injuries

Infant brain damage can result from various forms of negligence including prolonged oxygen deprivation, physical trauma during delivery, untreated maternal infections, or medication errors. These injuries may cause seizures, developmental delays, learning disabilities, or cerebral palsy.

Periventricular leukomalacia (PVL)—damage to the white matter of the brain—often occurs in premature infants but may result from oxygen deprivation or infections during delivery.

Bone Fractures and Physical Trauma

Skull fractures, clavicle fractures, and other physical injuries can occur during difficult deliveries, particularly when healthcare providers use excessive force or delivery instruments improperly. While minor fractures may heal without complications, severe trauma can cause permanent damage.

Kernicterus from Untreated Jaundice

Newborn jaundice is common and usually harmless. However, severe untreated jaundice can lead to kernicterus—a type of brain damage caused by excessive bilirubin. Healthcare providers must monitor newborn bilirubin levels and provide phototherapy or exchange transfusions when necessary.

Facial Paralysis

Facial paralysis can occur when pressure on the facial nerve during delivery causes temporary or permanent weakness. While some cases resolve spontaneously, others require surgical intervention.

If your child suffered any of these conditions and you suspect medical negligence played a role, a Florida birth injury attorney can investigate the circumstances surrounding the delivery.

Choosing the Right Florida Birth Injury Lawyer

Not all personal injury attorneys have the specialized knowledge required for birth injury cases. These complex medical malpractice claims require specific expertise, resources, and experience.

Look for Specialized Experience

Birth injury lawyers must understand both medical and legal complexities. Look for attorneys who focus specifically on medical malpractice and have a track record of handling birth injury cases successfully.

Ask potential lawyers about:

• How many birth injury cases they’ve handled
• Their success rate and settlement history
• Their familiarity with the specific condition affecting your child
• Their relationships with qualified medical experts

Resources Matter

Birth injury cases require significant financial investment. Your attorney needs resources to:

• Obtain and review extensive medical records
• Hire qualified medical experts for case review and testimony
• Commission life care plans and economic analyses
• Fund depositions and discovery costs
• Take cases to trial if necessary

Smaller law firms may lack the financial capacity to fully prosecute complex birth injury claims. Look for established firms with proven resources.

Trial Experience

While many birth injury cases settle before trial, insurance companies take cases more seriously when your attorney has demonstrated willingness and ability to try cases before juries. Ask about the lawyer’s trial experience and verdict history.

Compassion and Communication

You’ll work with your birth injury attorney for months or years. Choose someone who:

• Listens to your concerns and answers questions clearly
• Communicates regularly about case developments
• Shows genuine compassion for your family’s situation
• Makes you feel comfortable and supported

Florida Bar Credentials

Verify that any attorney you consider is licensed to practice in Florida and has no disciplinary history. The Florida Bar’s website provides this information.

How Florida Birth Injury Lawyers Work: Contingency Fee Arrangements

Most Florida birth injury lawyers work on a contingency fee basis, meaning you pay no upfront costs or attorney fees unless your case results in compensation.

Understanding Contingency Fees

Under contingency fee arrangements:

• You pay no money upfront to hire the attorney
• The law firm advances all case costs including expert fees, medical records, and filing fees
• Attorney fees come from the settlement or verdict—typically a percentage of recovery
• If the case doesn’t result in compensation, you owe no attorney fees

Florida law regulates contingency fee percentages in medical malpractice cases. Your attorney should provide a clear written fee agreement explaining the percentage that applies at different stages of your case.

Why Contingency Fees Benefit Families

Birth injury cases involve thousands of dollars in expert fees, medical record costs, and litigation expenses. Few families could afford these costs upfront. Contingency arrangements allow families to pursue justice regardless of financial resources.

The contingency structure also aligns your attorney’s interests with yours—they only get paid when you receive compensation, motivating them to maximize your recovery.

What Cases Qualify

Not every birth injury case qualifies for contingency representation. Attorneys carefully screen cases to ensure:

• Evidence suggests medical negligence occurred
• The negligence caused or contributed to the injury
• The statute of limitations hasn’t expired
• Damages justify the significant investment required

During your free case evaluation, an attorney will review your situation and explain whether your case appears viable under contingency arrangements.

The Florida Birth Injury Lawsuit Process: What to Expect

Understanding what happens during a birth injury lawsuit helps families prepare for the journey ahead.

Free Case Evaluation

Your first step involves contacting a Florida birth injury attorney for a free consultation. During this meeting, you’ll discuss:

• What happened during pregnancy, labor, and delivery
• Your child’s diagnosis and symptoms
• Medical providers involved in your care
• Questions about the legal process

The attorney will explain whether your case appears to involve negligence and outline next steps if you decide to proceed.

Investigation and Medical Record Review

If you hire the attorney, they’ll begin gathering evidence including:

• Complete medical records for mother and baby
• Fetal monitoring strips
• Nursing notes and physician orders
• Hospital policies and procedures
• Prenatal care records

This comprehensive review can take several weeks as records are requested from multiple providers.

Expert Medical Review

Your attorney will have qualified medical experts review the records to determine whether negligence occurred. These experts—typically obstetricians, neonatologists, or other specialists—evaluate whether healthcare providers met appropriate standards of care.

Presuit Notice

Florida’s presuit process requires your attorney to notify the healthcare provider of the claim and allow time for settlement discussions before filing a lawsuit. This period typically lasts 90 days but can extend longer if productive negotiations are occurring.

Filing the Lawsuit

If presuit negotiations don’t result in fair settlement, your attorney files a complaint in the appropriate Florida court, beginning formal litigation.

Discovery Phase

Both sides exchange information through:

• Interrogatories (written questions)
• Requests for production of documents
• Depositions of parties, witnesses, and experts

This phase can last many months as both sides build their cases.

Mediation

Florida courts typically require mediation—a formal settlement negotiation facilitated by a neutral mediator—before trial. Many birth injury cases settle at mediation when both sides recognize the strengths and weaknesses of their positions.

Trial

If mediation doesn’t produce settlement, the case proceeds to trial before a jury. Trials in complex birth injury cases can last one to three weeks as both sides present medical testimony and evidence.

The jury determines whether negligence occurred and, if so, what compensation is appropriate.

Timeline Expectations

Florida birth injury lawsuits typically take two to four years from initial investigation through resolution. Complex cases with significant damages may take longer. Your attorney should provide regular updates as your case progresses.

Finding a Birth Injury Lawyer in Florida: Taking the Next Step

If you suspect medical negligence caused your child’s birth injury, the time to act is now. Florida’s statute of limitations creates real deadlines that can bar your claim if you wait too long.

Many families hesitate to contact an attorney, worried about costs or uncomfortable with the idea of litigation. Remember:

• Initial consultations are free with no obligation
• You pay no attorney fees unless you receive compensation
• Your lawsuit seeks accountability and resources your child needs
• Taking legal action doesn’t mean you’re being difficult—it means you’re protecting your child’s future

Florida birth injury attorneys serve families throughout the state including Miami, Tampa, Orlando, Jacksonville, Fort Lauderdale, and all surrounding communities. Many firms offer phone and video consultations for families who can’t travel easily.

Get answers about your child’s birth injury. Request a free, confidential case review today to understand your legal options and protect your family’s rights. Your child’s future may depend on the actions you take now.

Frequently Asked Questions About Florida Birth Injury Lawyers