CerebralPalsy

No. A significant share of cerebral palsy cases trace back to genetic conditions, intrauterine infections, early-pregnancy strokes, or developmental disruptions that no delivery team could have prevented. However, when the brain injury was caused by a preventable event during labor, delivery, or the neonatal period — and the standard of care was breached — the case often crosses into malpractice. The dividing line lives in the records from the 24 hours around delivery.

Peer-reviewed research attributes roughly 10% to 20% of cerebral palsy cases to events during labor and delivery. The remainder trace to prenatal causes (genetic, infectious, developmental) or postnatal causes (infection, trauma, stroke in infancy). The only way to know which category applies to a specific child is a careful review of the obstetric, intrapartum, and neonatal records by qualified experts.

You do not need to know before calling an attorney. A Florida birth-injury lawyer will request the complete obstetric, labor-and-delivery, and neonatal record and have a maternal-fetal medicine specialist, neonatologist, and pediatric neurologist review the file for deviations from the standard of care. The evaluation is free. If the experts cannot support a claim, the firm will tell you directly.

Generally two years from discovery of the injury, no more than four years from the negligent act, extended to seven years in cases of fraud or concealment. For a minor child, the deadline runs no later than the 8th birthday. Florida also requires a 90-day pre-suit investigation and a corroborating expert affidavit under § 766.102 before the lawsuit can be filed.

No. The Florida Supreme Court struck down the statutory caps on non-economic damages in medical malpractice cases in North Broward Hospital District v. Kalitan (2017). Families can now recover the full economic and non-economic value of a preventable cerebral palsy case — past and future medical expenses, lost earning capacity, pain and suffering, loss of enjoyment of life, and loss of consortium — without a statutory ceiling.

NICA — Florida’s Birth-Related Neurological Injury Compensation Plan — is a no-fault administrative remedy for certain severe birth-related neurological injuries, including many CP cases. Acceptance of a NICA award can bar a traditional malpractice claim against participating obstetricians and hospitals. The choice between NICA and tort litigation is case-specific and should be evaluated by a Florida birth-injury attorney before any election is made.

CP cases typically take two to five years from initial consultation to resolution, longer if the case goes to verdict and appeal. The timeline reflects the child’s GMFCS classification stabilizing (often around age 3-4), the 90-day pre-suit investigation required under § 766.102, life-care-plan development, expert disclosures, discovery, and potential mediation. Families should plan for that horizon.