BirthInjuries

A birth injury, for the purposes of a Florida medical malpractice claim, is harm to the baby or the mother that results from a deviation from the accepted obstetric or neonatal standard of care during pregnancy, labor, delivery, or the immediate post-delivery period. Common patterns include hypoxic ischemic encephalopathy (HIE) from unrecognized fetal distress, brachial plexus injuries from mishandled shoulder dystocia, and surgical or decision-making errors during cesarean delivery. Not every bad outcome is malpractice. The question is always whether the standard of care was met.

Birth injuries occur in roughly 6 to 8 of every 1,000 live births in the U.S., according to data aggregated by the Agency for Healthcare Research and Quality and the National Institute of Child Health and Human Development. The rate varies sharply by injury type — brachial plexus injuries occur in roughly 1 to 3 per 1,000 vaginal deliveries, HIE in 1 to 3 per 1,000 live births, and cesarean complications in a smaller but not-insignificant percentage of the 1.2 million cesareans performed annually.

Generally, two years from the date the injury was discovered or reasonably should have been discovered, and no more than four years from the negligent act itself under Florida Statute § 95.11(4)(b). Fraud or concealment extends the outer limit to seven years. For a minor injured at delivery, the limitations period runs up to the child’s 8th birthday. Florida also requires a 90-day pre-suit investigation and a corroborating expert affidavit under § 766.102 before suit can be filed.

No. The Florida Supreme Court struck down the statutory caps on non-economic damages in medical malpractice cases as unconstitutional in <em>North Broward Hospital District v. Kalitan</em>, 219 So. 3d 49 (Fla. 2017). Today, families can recover the full economic and non-economic value of the injury — past and future medical expenses, lost earning capacity, pain and suffering, and loss of consortium — without an arbitrary ceiling.

The Florida Birth-Related Neurological Injury Compensation Plan (NICA) is a no-fault administrative remedy that covers certain severe birth-related neurological injuries. Participation can bar a traditional malpractice lawsuit against a participating obstetrician at a participating hospital — but only when the injury meets specific statutory criteria, including minimum birth-weight thresholds and a requirement that the injury be “substantial.” Not every hospital and obstetrician participates. Whether NICA applies requires careful analysis, and the decision to pursue NICA, a traditional claim, or both should be made only after an attorney reviews the records.

Depending on facts, potential defendants include the delivering obstetrician, the hospital (directly for institutional failures and vicariously for employed staff), the nursing team, anesthesiology groups, and, in some cases, the neonatal team. Florida’s apportionment rules allow a jury to allocate fault among multiple parties, and leaving a potential defendant out of the suit can reduce the family’s recovery. Identifying every responsible party at the outset is part of what a qualified birth-injury firm does during the pre-suit investigation.

No. The consultation is free and confidential. Reputable Florida birth-injury firms work on a contingency-fee basis — meaning there is no legal fee unless the firm recovers compensation for the family. Records review, expert affidavits, and the 90-day pre-suit investigation are funded by the firm. You pay nothing out of pocket to find out whether the case meets Florida’s standard.