Birth injury claims in Florida may be brought by parents on behalf of a child harmed by medical negligence during pregnancy, labor, or delivery. Depending on the facts, a family may pursue a medical malpractice lawsuit or a no-fault claim through Florida’s NICA program, and may seek costs of care, therapy, lost earning ability, and other losses.

If your child was hurt during birth, you can talk with our team about your options at no cost. Call 800-337-7755 or reach us online.

Florida Birth Injury Claims at a Glance

What Counts as a Birth Injury in Florida?

A birth injury is physical or neurological harm to a baby, and sometimes to the mother, that happens before, during, or shortly after delivery. Not every birth injury is caused by negligence, but some happen because a provider did not meet the accepted standard of care.

Some of the conditions families most often ask about include:

• Hypoxic-ischemic encephalopathy (HIE): brain injury linked to a lack of oxygen or blood flow.
• Cerebral palsy: a group of movement disorders that can result from brain injury around the time of birth.
• Brachial plexus injuries: nerve damage in the shoulder and arm, sometimes called Erb’s palsy, often tied to shoulder dystocia.
• Skull fractures and brain bleeds: injuries that may follow improper use of forceps or vacuum extractors.
• Infection-related injuries: harm from untreated maternal infections such as Group B strep.

Some birth defects are connected to medications taken during pregnancy rather than to delivery-room care. Those cases may fall under product liability law.

What Mistakes Can Lead to a Birth Injury Claim?

Birth injury claims in Florida often center on a failure to notice, respond to, or properly manage a problem during pregnancy or labor. The question is usually whether a reasonably careful provider would have acted differently.

The examples below are illustrations of the types of situations that may lead families to seek legal advice. They are not actual cases or outcomes.

• Ignored fetal monitoring: a fetal heart monitor shows signs of distress for an extended period, but staff delay an emergency C-section, and the baby is later diagnosed with HIE.
• Excessive force in delivery: during a difficult vaginal delivery, too much traction is applied to the baby’s head and neck, and the child develops lasting arm weakness.
• Missed maternal condition: a mother’s high blood pressure or preeclampsia symptoms are not followed up during prenatal visits, leading to an emergency premature delivery.
• Vacuum misuse: a vacuum extractor is applied repeatedly after failed attempts, and the newborn suffers a bleed on the brain.

How Is NICA Different From a Medical Malpractice Lawsuit?

Florida has two main paths for birth injury compensation: the Florida Birth-Related Neurological Injury Compensation Association (NICA) and a traditional medical malpractice claim. Which one applies may depend on the type of injury, the hospital, and whether the doctor participates in NICA.

NICA was created under Florida Statute §766.303 as a no-fault system for certain severe brain or spinal cord injuries caused by oxygen deprivation or mechanical injury during labor, delivery, or resuscitation right after birth. When a claim is covered by NICA, it may limit a family’s ability to sue the doctor or hospital, though exceptions can apply.

Families sometimes assume NICA is their only option, or that it does not apply at all. Reviewing the medical records with an experienced attorney may help clarify which path fits.

How Long Do Families Have to File in Florida?

Florida’s time limits for medical malpractice claims are set in Florida Statute §95.11, and they include special provisions that may extend the deadline for injured children in some situations. Because the rules are detailed and exceptions are narrow, waiting can put a claim at risk.

Florida also requires a presuit process before a medical malpractice lawsuit is filed. Under Florida Statute §766.106, the injured party generally must send notice to the providers involved, which starts an investigation period. Gathering records and expert review takes time, which is another reason early action may help.

How Do I Find a Lawyer for a Birth Injury Case in South Florida?

Start by looking for a firm with experience in medical malpractice and birth injury claims, then ask how they review cases, who pays for medical experts, and how fees work. A free consultation can help you compare firms before deciding.

1. Search for firms that handle birth injury and medical negligence cases, such as our Florida birth injury lawyers page or our Miami medical malpractice lawyers page.
2. Check ratings from organizations like Martindale-Hubbell, Avvo, and the Better Business Bureau.
3. Ask whether the firm works on contingency and what happens to costs if there is no recovery.
4. Ask how the firm handles presuit requirements.
5. Bring your questions and records to the consultation.

Helpful items to gather include:

• Prenatal and hospital records: including labor and delivery notes and fetal monitoring strips.
• Newborn care records: NICU notes, imaging, and test results.
• Diagnosis paperwork: reports from neurologists, therapists, and other treating doctors.
• Bills and receipts: medical costs, travel, and equipment.
• Your own notes: a timeline of what you saw and were told.

Why Choose the Law Offices of Jason Turchin

Attorney Jason Turchin founded the Law Offices of Jason Turchin, a personal injury firm based in Florida, and the firm helps families with injury claims across South Florida and throughout the state.

Jason Turchin has an AV Preeminent Peer Rated for Highest Level of Professional Excellence by Martindale-Hubbell in 2026 and received the Martindale-Hubbell Client Champion Platinum Award in 2026. He has been named to the Super Lawyers list from 2020 through 2026, and the firm has held an A+ BBB rating annually from 2014 through 2026. He also holds an Avvo 10.0 Superb Rating.

The firm handles personal injury cases in Florida, New York, New Jersey and Washington, D.C., and throughout the U.S. with a network of co-counsels and local counsels. Cases are handled on a contingency fee basis, with fees and costs waived if there is no recovery. You can learn more about Attorney Jason Turchin.

Frequently Asked Questions About Florida Birth Injuries

Can I file a claim if my baby’s injury was not diagnosed right away?

Possibly. Some conditions, such as cerebral palsy, may not be diagnosed until months or years later. Florida law includes rules about when the time limit starts, so it may help to have the timeline reviewed promptly.

Does a bad outcome mean the doctor was negligent?

Not always. Some birth injuries happen even with proper care. A claim usually requires showing that a provider fell below the accepted standard of care and that this caused the injury.

Can a mother bring a claim for her own injuries?

She may be able to. Mothers can suffer serious harm during delivery, such as hemorrhage or injuries from a delayed C-section, and those injuries may support a separate claim.

What compensation may be available?

Depending on the facts and the path the claim takes, families may seek medical and therapy costs, future care, home modifications, loss of earning ability, and pain and suffering.

Will my case have to go to trial?

Many claims resolve without a trial, but some do go to court. Every case is different, and no lawyer can say in advance how a case will end.

Talk With a Florida Birth Injury Lawyer About Your Family’s Options

Caring for a child after a birth injury can be overwhelming, and the legal questions can add to that stress. Our team can review what happened, explain whether a malpractice claim may apply, and walk you through the next steps. Call 800-337-7755 or contact us online for a free consultation.