Filing a medical malpractice lawsuit after a birth injury that led to cerebral palsy can help you seek justice and secure the compensation your family needs for lifelong care. Call 305.916.6455 for a free consultation.
Yes. Cerebral palsy can result from oxygen deprivation or trauma during labor and delivery. When healthcare providers fail to respond to fetal distress, delay a needed C-section, or improperly use delivery tools, the resulting brain injury may form the basis of a medical malpractice claim. A CP diagnosis alone doesn't guarantee a claim — you must prove negligence directly caused the condition.
Cerebral palsy is a neurological condition that impacts muscle control and coordination, and in some cases, it can be traced back to medical negligence during childbirth. Situations like delayed delivery, failure to act on signs of fetal distress, or the improper use of tools like forceps or vacuum extractors can result in oxygen deprivation and permanent brain injury.
Cerebral palsy is one of the most common motor disabilities in childhood, affecting about 1 in 345 children in the U.S., according to the CDC. Globally, it impacts between 1.5 to over 4 per 1,000 live births, depending on regional healthcare access. Although CP is not progressive — the brain injury doesn't worsen over time — its effects on muscle control and coordination can range from mild to severe.
Legally, cerebral palsy is often defined as a permanent movement disorder caused by brain damage that occurs before, during, or shortly after birth. In malpractice cases, it is recognized as a type of birth injury that may result from medical negligence. To pursue a legal claim, families typically must show that improper care — such as failure to monitor fetal distress, delayed delivery, or misuse of delivery tools — directly caused the brain injury.
Symptoms vary widely depending on the severity and location of the brain injury, but commonly include impaired muscle control and coordination, muscle stiffness or spasticity, involuntary movements, and abnormal gait patterns. Individuals with cerebral palsy may also experience difficulties with balance, fine motor skills, and posture, as well as challenges with speech and swallowing. Cognitive impairments may also be present.
The most common form — 75–85% of all cases. Marked by increased muscle tone (spasticity), causing stiffness, tightness, and difficulty with movement control.
Causes weakness or paralysis on one side of the body due to early brain damage.
Involuntary, uncontrolled movements — twisting, writhing, or jerking. Accounts for about 10–20% of cases.
Affects about 5–10% of cases. Difficulties with balance, coordination, and depth perception.
Hiring a malpractice lawyer after your child's birth injury leading to cerebral palsy is crucial. An experienced birth injury attorney understands the complex medical and legal issues involved, can evaluate whether negligence played a role, and can advocate for fair compensation. Your lawyer will guide you through the legal process, handle negotiations, and protect your rights.
Doctor visits, surgeries, therapy, medications, assistive devices, future medical costs, and lost income for caregivers. These damages help ease the financial strain of providing lifelong care.
Pain and suffering, emotional distress, loss of enjoyment of life, and the overall impact on the child's quality of life and relationships.
Every cerebral palsy 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.
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.
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.
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.
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.
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.
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.
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.
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:
Cerebral Palsy 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.
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.
Florida’s statute of limitations is strict — two years from discovery, with a four-year statute of repose. The only way to know where you stand is a confidential consultation. Free, no obligation.
Clinical and legal background on cerebral palsy — written for patients and families navigating a potential case in Florida.
Founder & Managing Trial Attorney — Zayed Law Offices
Adam J. Zayed is the founder and managing trial attorney of Zayed Law Offices, a nationally recognized, multi-office firm representing individuals and families in catastrophic personal injury, medical malpractice, and wrongful death matters.
Mr. Zayed has recovered more than $150 million for injured clients and has represented plaintiffs in billion-dollar mass tort litigations. He carefully limits his caseload so every case receives the attention, craft, and strategic development needed to fully articulate each client’s losses.
Their dedication and hard work really show. I highly recommend this firm to anyone looking for trustworthy and reliable legal help.
Common questions about cerebral palsy claims in Florida. Call 305.916.6455 for a free consultation.
Cerebral palsy is a neurological disorder that affects muscle movement, coordination, and posture, caused by damage to the developing brain before, during, or shortly after birth. It is a permanent condition that can range from mild to severe.
Premature birth, low birth weight, and complications during pregnancy or labor (infections, lack of oxygen, trauma). Genetic conditions and maternal health issues can also increase the risk.
Spastic (marked by muscle stiffness, 75–85% of cases), dyskinetic (involuntary movements), hemiplegic (weakness on one side), and ataxic (balance and coordination difficulties).
Yes, if their negligent actions during pregnancy or delivery caused your child's cerebral palsy.
Yes. Hospitals can be liable when their employed nursing staff, residents, or labor-and-delivery teams fail to monitor fetal status, escalate signs of distress, or respond to a non-reassuring tracing. Systemic failures — delayed C-sections, short-staffing, equipment unavailability — also support direct hospital liability alongside individual-provider claims.
Yes. When a pregnant patient presents to the ER in labor or with complications and ER staff fail to recognize fetal distress, delay obstetric consultation, or mishandle a precipitous delivery, the resulting brain injury can support a claim against the ER physicians, the hospital, and the contracted physician group.
No. A CP diagnosis alone does not automatically guarantee a valid legal claim. To pursue a successful case, you must prove that medical negligence or malpractice directly caused the condition. This typically requires expert medical evidence.
Cerebral palsy can cause lifelong challenges with muscle control, coordination, and mobility, often requiring ongoing medical care, therapy, and support. Many individuals also face related issues like intellectual disabilities, speech difficulties, seizures, and respiratory or digestive problems.
No. If your child dies due to cerebral palsy, your family may still pursue a wrongful death claim.
Florida medical malpractice claims must generally be filed within 2 years of discovering the injury, with a 4-year absolute deadline. For birth injuries that caused cerebral palsy, 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. Where fraud or concealment prevented earlier discovery, the deadline can extend up to 7 years.
No, Florida does not currently impose caps. In 2017, the Florida Supreme Court ruled that statutory caps on noneconomic damages in medical malpractice cases were unconstitutional.
Compensation varies widely (tens of thousands to millions of dollars) based on the severity of the injury, medical expenses, ongoing care needs, and other damages.
To prove a birth injury caused cerebral palsy, you must show medical evidence and expert testimony linking the healthcare provider's negligence during pregnancy or delivery to the brain injury.
Estimates range from 1.5 to more than 4 per 1,000 live births globally. About 1 in 345 children in the U.S. have cerebral palsy (CDC).
A confidential, free conversation about what happened. We review the timeline, the providers involved, and any records you have. If the case fits our practice and Florida law supports a claim, we move to a formal record review. If it doesn’t, we say so and refer you to a colleague firm when appropriate.
Contingency fees mean you pay nothing unless and until we secure a recovery. Case costs — expert fees, records, depositions, court filings — are advanced by the firm during the case and reimbursed out of the recovery. No recovery, no fees and no costs billed back. It also aligns our incentives with yours: the only way we get paid is by winning your case.
We evaluate three elements: (1) standard of care — was there a clear deviation from what a reasonably competent provider would have done; (2) causation — can we prove the deviation caused the harm to a medical certainty; and (3) damages — does the harm justify the investment required to build the case. Cases that don’t meet all three are declined.
Rarely. Most work — depositions, expert consultations, mediations — can be handled remotely or at our office. Trial is the only phase that may require your presence in court, and we prepare clients extensively for what to expect. For clients outside Miami, we travel to you for substantive meetings.
Do you think you have a medical malpractice case based on an injury caused by a healthcare provider that occurred in Florida?
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