Did your child suffer from a birth injury?

A birth injury happens when a newborn is hurt during labor or delivery. These injuries can be minor or serious, and may include cerebral palsy, Erb's palsy, brachial plexus injuries, broken bones, or brain damage.

They can be caused by medical mistakes, delays in delivery, or misuse of tools like forceps or vacuum extractors. Birth injuries can lead to long-term problems with a child's movement, learning, and overall well-being — and they often bring emotional and financial stress for the whole family.

Birth injuries aren't very common, happening in about 6 to 8 out of every 1,000 live births in the U.S., but they do still occur — and the consequences can be devastating. The chances of a birth injury can go up with certain risk factors — like long labor, complicated deliveries, or the use of tools like forceps or a vacuum.

Common causes include:

• Birth Asphyxia — insufficient oxygen during labor, which can damage the brain and vital organs.
• Birth Trauma — shoulder dystocia, prolonged labor, or forceful use of forceps or vacuum extractors.
• Viral and bacterial infections — rubella, CMV, toxoplasmosis, syphilis, Zika.
• Improper prenatal care — missing warning signs for gestational diabetes, preeclampsia, or placental issues.
• Untreated maternal medical conditions — high blood pressure, infections, heart disease.
• Medical errors — misreading fetal monitors, delayed C-sections, wrong medications.

Up to 3.5% of infant deaths are linked to problems with the placenta, umbilical cord, or surrounding membranes, and up to 6% of infant deaths are linked to maternal pregnancy complications.

Hypoxic-Ischemic Encephalopathy

Happens when a baby's brain doesn't get enough oxygen and blood during labor and delivery.

Cerebral Palsy

Caused by damage to the parts of the brain that control movement, posture, and balance. About 1 in 345 children in the U.S. have cerebral palsy (CDC).

Brachial Plexus Palsy / Erb's Palsy

Damages nerves controlling movement and feeling in the arm and shoulder. Occurs in about 2.5 per 1,000 births.

Necrotizing Enterocolitis

A serious intestinal condition mainly affecting premature babies — accounts for 1 to 2% of U.S. infant deaths annually.

Head Trauma and Brain Damage

Can happen during difficult or prolonged births — may cause hemiparesis and developmental delays.

Facial Nerve Injuries

Occur in about 2.5% of births, more common when delivery tools are used.

Cephalohematoma

Blood collects between a newborn's skull and its outer layer — occurs in about 2.5% of births.

Spinal Cord Injuries

Can happen during difficult births or when too much force is used on a baby's fragile spine.

Bone Fractures

Can happen during tough deliveries or when tools like forceps or vacuums are used incorrectly.

Get immediate medical care for both baby and mother, then follow up with specialists for a full evaluation. Next, talk to an experienced medical malpractice attorney — especially one familiar with birth injuries. If you are in Florida or the birth occurred in Florida, our team of birth injury lawyers knows the specific laws about birth injury cases in your state.

If your child was injured at birth, hiring a birth injury lawyer is essential to navigate the complex medical malpractice process, protect your child's rights, and pursue compensation for medical bills and long-term care.

Here's how birth injury cases usually unfold:

• Case Assessment — your lawyer reviews medical records and talks with experts.
• Investigation — gathering evidence, interviewing witnesses, consulting medical experts.
• Filing the Claim — formal complaint outlining the malpractice and damages.
• Discovery — exchanging information, taking depositions, reviewing documents.
• Settlements — negotiating a fair settlement covering your child's injuries and future needs.
• Trial Preparation — organizing witnesses and evidence, building strong arguments.
• Collecting Funds — managing the settlement or judgment proceeds.

Economic Damages

Medical costs (past and future tests, treatments, surgeries, rehabilitation, therapies), lost income from missed work, professional caregivers, and special equipment.

Non-Economic Damages

Pain and suffering, loss of life's enjoyment, emotional stress, developmental struggles, mental anguish.

Future Medical Costs

Future lost earning capacity, special education, ongoing care, and non-economic damages like increased risk of harm or shortened life expectancy. Punitive damages may apply in cases of extreme medical negligence.

Birth injuries can be medical malpractice when caused by negligence or errors during prenatal care, labor, or delivery. Medical malpractice occurs when healthcare providers fail to meet the accepted standard of care, leading to harm. In childbirth, this can include mismanaging labor, missing signs of fetal distress, improper use of instruments, or delayed responses to complications.

To prove a birth injury claim, several key elements must be shown:

1. Duty of Care — the healthcare provider owed a duty to the mother and baby.
2. Breach — the provider failed to meet the accepted standard of care.
3. Causation — the breach directly caused the birth injury.
4. Damages — the family suffered measurable harm.

Birth injury cases often rely on expert testimony, medical records, and detailed evidence.

In Florida, medical malpractice claims must generally be filed within 2 years of when the injury was or should have been discovered, with an absolute 4-year statute of repose. For birth injuries, the minor-tolling rule in Fla. Stat. § 95.11(5)(c) provides that the 4-year cap does not bar an action brought on behalf of the child on or before the child's 8th birthday — meaning parents typically have until the child turns 8 to file, even if the injury is discovered later. Where fraud, concealment, or intentional misrepresentation prevented earlier discovery, the window can extend up to a maximum of 7 years. These deadlines are strict and fact-specific — consulting a Florida birth-injury attorney quickly is critical.

Every birth injury matter moves through a disciplined four-phase process before it becomes a claim. We take this phased approach because medical malpractice cases live or die on the quality of the evidence — and evidence has to be built, not just collected.

Phase 1 — Intake & Triage

A confidential conversation about what happened. We review the facts, the timeline, and the statute-of-limitations posture. If the facts don't plausibly support a claim under Florida law, we say so — honestly. No case is accepted without this review.

Phase 2 — Record Reconstruction

We request every medical record, imaging study, lab result, operative note, nursing note, and provider communication relating to the care in question. Our attorneys and consulting experts then reconstruct the clinical timeline — what the standard of care required, what the provider actually did, and where the deviation occurred.

Phase 3 — Expert Consultation

Florida Statute § 766.102 requires a corroborating affidavit from a qualified medical expert before a malpractice lawsuit can be filed. That expert must practice in the same specialty as the defendant and meet statutory qualification thresholds. We retain board-certified specialists for every accepted case — not generalists, not in-house staff.

Phase 4 — Pre-Suit, Discovery, Resolution

Notice of Intent served, 90-day pre-suit investigation completed, lawsuit filed if the case continues to support the claim. Discovery: depositions of the providers, document production, additional expert reports. Most cases resolve at mediation once the evidence is laid out. When the offer doesn't reflect the value of the losses, we try the case.

Florida medical malpractice cases are governed by Chapter 766 of the Florida Statutes, which imposes procedural requirements that sideline non-specialist firms before the case ever reaches discovery. Missing any one of these can end an otherwise-strong case.

Pre-suit investigation & Notice of Intent

Before filing a malpractice lawsuit in Florida, the plaintiff must complete a 90-day pre-suit investigation and serve a Notice of Intent on each prospective defendant. The pre-suit period tolls (pauses) the statute of limitations while it runs. Failure to serve proper notice can result in dismissal of the case on procedural grounds alone.

Corroborating expert affidavit

Florida requires a pre-suit affidavit from a qualified medical expert confirming there are reasonable grounds to believe medical negligence occurred. The expert must practice in the defendant's specialty and meet statutory qualifications under § 766.102, Fla. Stat.

Statute of limitations & statute of repose

Two years from the date of discovery (or when the injury reasonably should have been discovered) is the general rule. A hard four-year statute of repose bars any claim filed more than four years after the negligent act itself, regardless of discovery timing. Fraud or concealment can extend the repose window to seven years. Minors have until their eighth birthday.

Damages caps (and why they don’t apply today)

Florida previously capped non-economic damages in medical malpractice cases. The Florida Supreme Court ruled those caps unconstitutional in 2017 (North Broward Hosp. Dist. v. Kalitan). Today there are no practical caps on non-economic damages in a Florida medical malpractice case — a substantial change for catastrophic-injury and wrongful-death matters.

Medical malpractice is a specialty — not a sideline of general personal injury practice. Florida's Chapter 766 requirements, the expert-qualification thresholds, the damages analysis, and the defense bar all demand firms that do this work full-time.

Our founder has handled more medical malpractice cases than nearly any single lawyer in the United States. That depth of experience shows up in three ways:

• Expert network. Over 15 years of practice, we've built relationships with board-certified specialists in every relevant discipline who meet Florida's expert-qualification standards and can hold up in cross-examination.
• Research library. The firm maintains an internal library of Florida standard-of-care authorities, relevant clinical guidelines, and case-law precedent specific to each practice area we handle.
• Defense-bar reputation. Insurance carriers and hospital-system defense counsel know our name. That reputation lets us negotiate from strength, because every defendant knows a rejected settlement means a Florida courtroom with a firm prepared to try the case.

Birth Injury cases often intersect with other medical malpractice categories — because the underlying medical events are rarely isolated, and because related theories of liability may strengthen a claim or open additional recovery avenues.

• Miami Cerebral Palsy Attorney — see our dedicated page for the overlap and Florida-specific requirements in that area.
• Miami Failure to Diagnose Lawyer — see our dedicated page for the overlap and Florida-specific requirements in that area.
• Miami Anesthesia Error Lawyer — see our dedicated page for the overlap and Florida-specific requirements in that area.

If you're unsure which category your situation fits, a free consultation is the fastest way to find out — we'll identify every viable theory of liability and the applicable deadlines before recommending a path forward.