Birth Injuries in Florida: Legal Rights and Pursuing Compensation

Childbirth is one of the most joyous and momentous occasions in a family's life. However, it can also be fraught with risks, as birth injuries can have devastating consequences for both the child and their parents. In Florida, as in many other places, birth injuries can occur due to a variety of factors, including medical negligence and complications during delivery. This post explores the causes and types of birth injuries, the legal options available to families in Florida, and the essential role that expert witnesses and medical records play in birth injury cases. We will also provide real-life case examples from the law firm Domnick Cunningham & Yaffa to illustrate the process of pursuing compensation and justice for affected families.

Causes and Types of Birth Injuries

Cerebral Palsy

Cerebral palsy is a well-known birth injury that affects motor function and can result from damage to the developing brain during pregnancy, birth, or shortly thereafter. It can manifest as spastic movements, difficulty with fine motor skills, and other challenges. The causes of cerebral palsy can vary, but some cases are the result of medical malpractice during childbirth, such as oxygen deprivation or head trauma due to improper delivery techniques.

Brachial Plexus Injuries

Brachial plexus injuries occur when the group of nerves responsible for controlling the arms and hands is damaged during childbirth. This type of injury can result in weakness or even paralysis in the affected limb. Medical negligence during a difficult delivery can lead to brachial plexus injuries, with excessive pulling or twisting of the infant's head being common causes.

Erb's Palsy

Erb's palsy is a specific form of brachial plexus injury that affects the upper arm nerves. It often results from the excessive force applied during delivery, which can stretch or tear the nerves. The consequences of Erb's palsy can include a lack of muscle control in the affected arm and hand.

Fractures and Bone Injuries

During childbirth, fractures and bone injuries can occur due to complications in the delivery process. The clavicle (collarbone) is one of the most commonly fractured bones in newborns. These injuries can cause significant pain and discomfort for the infant, and they may require medical attention and treatment.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy is a birth injury resulting from a lack of oxygen to the baby's brain. This condition can lead to long-term neurological problems and developmental delays. HIE can occur during childbirth when there are complications that disrupt the baby's oxygen supply, such as a tangled umbilical cord or prolonged labor.

When a child suffers a birth injury in Florida, parents may wonder about their legal options to seek justice and compensation for their child's injuries. The legal avenue to pursue in such cases is often a medical malpractice claim. To file a medical malpractice claim in Florida, the following elements must be present:


The first key component of a medical malpractice claim is establishing that a healthcare provider acted negligently. Negligence means that the healthcare provider failed to meet the accepted standard of care, resulting in harm to the patient. In the context of birth injuries, negligence could include actions or decisions made during prenatal care, labor, or delivery.


Causation is the link between the healthcare provider's negligence and the harm or injury suffered by the child. It must be demonstrated that the healthcare provider's actions or omissions directly caused the birth injury. This can be a complex aspect of a birth injury case, often requiring expert medical testimony to establish the connection between the negligence and the injury.


Finally, to pursue compensation, it must be shown that the child and the family suffered damages as a result of the birth injury. Damages can include medical expenses, rehabilitation costs, ongoing care, pain and suffering, and more.

Statute of Limitations

In Florida, there is a statute of limitations for medical malpractice claims. Typically, you have two years from the date of the injury or discovery of the injury to file a lawsuit. However, there are exceptions, and it is essential to consult with an attorney as soon as possible to ensure you meet the necessary deadlines.

Case Examples

To better understand the process of pursuing compensation for birth injuries in Florida, let's look at a few case examples:

Case 1: Cerebral Palsy Due to Oxygen Deprivation

In this case, a baby was born with cerebral palsy, resulting from oxygen deprivation during childbirth. The healthcare providers failed to monitor the baby's distress and take necessary actions. The child now requires lifelong medical care and support. The family filed a medical malpractice claim against the hospital, and with the help of expert witnesses, they successfully demonstrated the negligence of the healthcare providers. They were awarded compensation for their child's medical expenses, ongoing care, and pain and suffering.

Case 2: Brachial Plexus Injury

A mother went into labor, and her baby experienced a difficult delivery. The healthcare providers used excessive force during the delivery, resulting in a brachial plexus injury to the newborn. The baby had limited use of their arm and required multiple surgeries and physical therapy. The family sought legal assistance and filed a medical malpractice claim. With the support of medical experts, they were able to establish negligence on the part of the healthcare providers and received compensation to cover their child's medical bills and treatment.

Case 3: Hypoxic-Ischemic Encephalopathy (HIE)

In this case, a baby suffered from hypoxic-ischemic encephalopathy due to a delayed response by healthcare providers during a complicated delivery. The child faced severe neurological deficits and developmental delays as a result. The family decided to pursue a medical malpractice claim to secure the necessary financial support for their child's future medical care and therapy. Expert witnesses played a crucial role in linking the healthcare provider's negligence to the baby's injury, and the family received compensation to ensure their child's ongoing care and rehabilitation.

The Role of Expert Witnesses and Medical Records

Expert witnesses are essential in birth injury cases, as they can provide specialized knowledge and testimony to establish the elements of negligence, causation, and damages. Medical experts can review the medical records, assess the actions of the healthcare providers, and provide their professional opinion on whether negligence occurred and how it led to the child's injury.

Medical records are a critical piece of evidence in birth injury cases. They document the prenatal care, labor, and delivery process, allowing experts to identify any deviations from the standard of care. These records help in building a strong case and demonstrating the healthcare provider's negligence.

Contact an Experienced Birth Injury Lawyer At Domnick Cunningham & Yaffa for a Free Consultation About Your Case Today

Birth injuries in Florida can have profound and lasting consequences for affected children and their families. Pursuing justice and compensation through medical malpractice claims is a crucial step in providing the necessary support and care for these children. The law firm Domnick Cunningham & Yaffa specializes in helping families navigate the legal complexities of birth injury cases and has a successful track record of securing compensation for their clients.

While we hope that childbirth is a joyous occasion for all families, it's essential to be aware of the potential risks and legal options available in the unfortunate event of a birth injury. Seeking legal assistance and utilizing expert witnesses and medical records can be the path to ensuring that children with birth injuries receive the care and support they need to thrive and live fulfilling lives. It is the duty of parents and their legal representatives to hold negligent healthcare providers accountable and to fight for the rights and well-being of these vulnerable children.