Florida Birth Injury Lawyer
Florida Birth Injury Lawyer
Florida law allows families to file a lawsuit when a birth injury results from a medical provider’s failure to meet the standard of care during pregnancy, labor, or delivery. However, Florida’s NICA program (Neurological Injury Compensation Association) may affect your legal options depending on the type and severity of the injury.
An experienced birth injury attorney must evaluate your case to determine whether NICA applies or whether you can pursue a civil malpractice claim directly. Under Florida law, birth injury claims generally must be filed before the child’s eighth birthday, though adult claims follow a standard two-year statute of limitations. Rafferty Domnick Cunningham & Yaffa has handled complex birth injury cases across Palm Beach, Broward, and Miami-Dade counties for decades.
You may have a claim if:
- Your child was diagnosed with cerebral palsy, Erb’s palsy, HIE, or another condition linked to delivery complications
- Medical records suggest a delayed C-section, improper use of forceps or vacuum, or failure to monitor fetal distress
- A healthcare provider failed to act on signs of oxygen deprivation during labor
- Your child requires ongoing therapy, surgery, or long-term adaptive care
What Are the Most Common Types of Birth Injuries?
Birth injuries often result from oxygen deprivation, trauma during delivery, or failure to respond to complications in time. Many are preventable when proper medical protocols are followed.
Can Medical Malpractice Cause Cerebral Palsy?
Yes. When cerebral palsy results from oxygen deprivation during labor or delivery caused by a provider’s failure to act — such as a delayed C-section or failure to monitor fetal distress — it may constitute medical malpractice.
Cerebral palsy affects movement, coordination, and muscle control. In severe cases, it leads to lifelong disability requiring extensive medical care and therapy.
What Causes Erb’s Palsy and Brachial Plexus Injuries During Delivery?
These injuries are typically caused by excessive force during delivery, especially in cases involving shoulder dystocia.
The brachial plexus controls movement and sensation in the arm. Damage can result in weakness, loss of function, or permanent paralysis.
What Is HIE and How Does It Happen During Birth?
Hypoxic-ischemic encephalopathy (HIE) occurs when a baby’s brain is deprived of oxygen and blood flow during delivery.
It is often linked to delayed intervention, failure to monitor fetal distress, or mismanagement of complications. HIE can result in severe developmental and neurological impairments.
What Is Birth Asphyxia and When Is It Medical Malpractice?
Birth asphyxia refers to oxygen deprivation during birth. It may constitute malpractice when medical providers fail to act on clear warning signs.
This condition can cause brain damage, organ failure, or death. Survivors often require lifelong care.
Can Shoulder Dystocia Lead to a Birth Injury Lawsuit?
Yes. When shoulder dystocia is improperly managed, it can result in nerve damage, fractures, or long-term disability.
Proper training and timely intervention are critical. Failure to respond appropriately may establish liability.
Injured and Have Questions?
Call us or request a case review by our experts.
How Do You Prove a Birth Injury Was Caused by Medical Malpractice?
A birth injury claim requires showing that a healthcare provider failed to meet the accepted standard of care and that this failure caused the injury.
We build these cases through detailed medical record review, expert analysis, and a structured legal framework:
- Duty of care
- Breach of that duty
- Causation
- Damages
These cases are complex and depend heavily on expert testimony and careful investigation.
What Should You Do If You Suspect Your Child Has a Birth Injury?
You should act quickly to protect both your child’s health and your legal rights.
- Seek immediate medical evaluation
- Preserve all prenatal, delivery, and postnatal records
- Document symptoms and developmental concerns
- Consult an experienced birth injury attorney as early as possible
Early action can be critical, especially given Florida’s statutory deadlines.
Does Florida’s NICA Program Affect Your Birth Injury Lawsuit?
It depends on the injury. Florida’s NICA (Birth-Related Neurological Injury Compensation Association) is a no-fault program that covers certain severe brain and spinal cord injuries sustained during labor, delivery, or resuscitation. If NICA applies, it may limit your ability to file a traditional medical malpractice lawsuit — but many birth injury cases fall entirely outside NICA’s scope.
What Injuries Does Florida’s NICA Program Cover?
NICA applies only to specific “birth-related neurological injuries,” meaning injuries to the brain or spinal cord caused by oxygen deprivation or mechanical trauma during delivery or immediate resuscitation.
The injury must result in permanent and substantial mental and physical impairment. NICA does not cover conditions like Erb’s palsy, fractures, or other non-neurological injuries.
Can You Still Sue If NICA Applies?
In some cases, no. If both the physician and hospital participated in NICA and the injury qualifies, compensation may be limited to the NICA system.
However, NICA is narrow. Many cases fall outside its scope due to eligibility issues, provider participation gaps, or the nature of the injury itself.
Why Do You Need an Attorney to Evaluate NICA?
Hospitals and insurers may push families toward NICA because it limits liability.
An experienced attorney evaluates:
- Whether the injury truly qualifies
- Whether providers were NICA participants
- Whether exceptions or opt-outs apply
This analysis can determine whether your family is limited to NICA benefits or can pursue a full malpractice claim with significantly greater recovery potential.
Frequently Asked Questions About Florida Birth Injury Claims
Q: What Is a Birth Injury Lawsuit?
A: A birth injury lawsuit is a medical malpractice claim against a provider whose negligence during pregnancy, labor, or delivery caused harm to a child or mother. These cases require expert testimony and detailed medical analysis.
Q: What Types of Birth Injuries Are Most Commonly Caused by Medical Malpractice?
A: Common injuries include cerebral palsy, HIE, Erb’s palsy, spinal cord injuries, fractures, and birth asphyxia. These often result from delayed C-sections, failure to monitor fetal distress, or improper use of delivery tools.
Q: What Is Florida’s NICA Program and Does It Apply to My Case?
A: NICA is a no-fault compensation system for certain severe neurological birth injuries. It may limit your ability to sue, but many cases fall outside its scope. Each case requires careful legal evaluation.
Q: How Do I Know If My Child’s Birth Injury Was Caused by Medical Malpractice?
A: This requires expert medical review. An attorney will analyze records and consult specialists to determine whether the provider failed to meet the standard of care and whether the injury was preventable.
Q: What Is the Statute of Limitations for a Birth Injury Case in Florida?
A: Claims for children generally must be filed before the child turns eight. Claims involving the mother typically follow a two-year statute of limitations. Exceptions may apply.
Q: How Much Is a Birth Injury Case Worth in Florida?
A: Value depends on severity, long-term care needs, and liability. Cases involving permanent disability often result in substantial recoveries to account for lifelong medical and support costs.
Q: Can I Sue a Florida Hospital If My Child Was Injured During Delivery?
A: Yes. Hospitals may be liable for staff negligence, systemic failures, or unsafe conditions contributing to the injury.
Q: What Is Cerebral Palsy and Can It Be Caused by Medical Malpractice?
A: Cerebral palsy is a neurological disorder often linked to brain injury at birth. When caused by oxygen deprivation due to medical errors, it may form the basis of a malpractice claim.
Q: How Long Does a Birth Injury Lawsuit Take to Resolve?
A: Most cases take two to four years or longer due to required investigations, expert review, and litigation. Some resolve earlier through settlement.
Q: Do Birth Injury Lawyers Charge Upfront Fees?
A: No. These cases are handled on a contingency fee basis, meaning you pay nothing unless compensation is recovered.
Contact Rafferty Domnick Cunningham & Yaffa Today
If your child has suffered a birth injury due to medical negligence, you need answers — and you need them quickly.
Our team has decades of experience handling complex birth injury cases across Florida. We understand both the medicine and the law, and we know how to build cases that stand up to hospitals, insurers, and defense teams.
Contact us today for a free, confidential consultation.