Florida Birth Injury Lawyer

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

Severe birth injuries can leave your child with lifelong disabilities. Sadly, birth injuries are often avoidable if medical professionals take the right steps. If you believe your child’s birth injury was caused by preventable medical mistakes, you may be able to work with a Florida birth injury lawyer. These lawyers can pursue financial compensation that you can use to pay for your child's medical care. See if you can work with a Florida birth injury attorney now.

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Working With a Birth Injury Lawyer in Florida

Florida birth injury lawyers help your family take legal action if your child was harmed at birth. An attorney can pursue financial compensation to help pay for your child’s treatment and hold negligent doctors and hospitals accountable.

Your attorney can take on much of the work that comes with filing a medical malpractice lawsuit so you can focus on caring for your child. Florida birth injury lawyers will file your lawsuit and collect evidence to strengthen your case to win financial compensation.

Compensation from a birth injury lawsuit can pay for medication, surgery, special education, adaptive equipment, and several types of therapy needed to manage your child’s condition.

We can connect you with Florida birth injury lawyers right now.

Our partner law firms can help families from:

  • Clearwater
  • Daytona Beach
  • Fort Lauderdale
  • Fort Myers
  • Gainesville
  • Jacksonville
  • Lockhart
  • Miami
  • Naples
  • Orlando
  • Palm Beach
  • Pensacola
  • Spring Hill
  • St. Augustine
  • St. Petersburg
  • Tallahassee
  • Tampa
  • Other cities

If your child suffered from a birth injury due to a preventable error during the birthing process, you may qualify for financial compensation. Get a free case review to see if you can work with a Florida birth injury lawyer.

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Do you suspect your child’s birth injury was caused by medical malpractice?

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Birth Injuries and Medical Negligence

Medical professionals are trained to safely deliver babies and navigate complicated or prolonged childbirths. If preventable and careless mistakes during the birthing process harm a baby, it may be considered medical negligence. These mistakes can cause serious injury to the child and may result in lifelong medical impairments like cerebral palsy.

Examples of medical negligence include:

  • Failing to recognize and respond to signs of fetal distress
  • Failing to recognize and respond to oxygen deprivation (hypoxia)
  • Failing to perform a C-section during a prolonged birth
  • Improperly or dangerously using vacuum extractors or forceps
  • Using force while pulling a child’s arms, shoulders, head, or neck

The Centers for Disease Control and Prevention (CDC) estimates that it costs $1 million to care for a child born with cerebral palsy throughout their life.

Fortunately, you may be eligible to file a birth injury lawsuit if your child’s condition was caused by medical negligence. Florida birth injury lawyers have the resources and experience needed to file your malpractice claim and win compensation.

Types of Cases Florida Birth Injury Attorneys Work On

Florida birth injury lawyers represent families filing medical malpractice lawsuits. The types of birth injury cases that Florida birth injury lawyers handle can range by type and severity.

Florida birth injury lawyers can handle cases related to:

If your child suffered from an injury listed above (or another birth injury), you may qualify for financial compensation. Learn more about filing a medical malpractice claim by speaking with a lawyer today.

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Notable Birth Injury Settlements in Florida

Birth injury lawsuits can be resolved either through a settlement or a trial verdict. Many personal injury medical malpractice lawsuits are resolved through a settlement. In a birth injury settlement, the plaintiff (the person suing) receives a lump sum of compensation from the defendants (those being sued), and the lawsuit will not progress to a trial in court.

Very few birth injury cases reach trial, where a judge and/or jury will decide whether the defendant is guilty. You may not win any compensation if the court finds the defendant not guilty.

Trial verdict and settlement amounts can depend on the birth injury type, the severity of the injury, how much treatment will cost, which state your child was injured in, and more.

Some notable Florida birth injury settlements and verdicts include:

  • $33.1 million verdict for a case involving medical negligence caused by failure to treat
  • $30.8 million settlement for a brain injury case
  • $5 million settlement for a brain injury case
  • $4.82 million verdict for a birth injury case
  • $2.5 million settlement for failure to diagnose leading to a birth injury

Every birth injury lawsuit is different. Contact a Florida birth injury attorney to learn more about the value of your case and how much compensation you may be able to win.

When to File a Lawsuit in Florida

It is important to get in touch with a Florida birth injury attorney to file your lawsuit as soon as possible.

Each state has its own statute of limitations. These laws set deadlines for how long you have to file your lawsuit. Most states require that birth injury lawsuits must be filed within a few years after your child has been injured.

FL Statute of Limitations for Birth InjuriesFL Statute of Limitations for Infant Wrongful Death
4 Years2 Years

You won’t be able to file a lawsuit or get legal compensation after the statute of limitations has passed. Contact a Florida birth injury attorney soon to ensure your lawsuit is filed before the deadline passes.

Get Help from a Birth Injury Lawyer in Florida

Doctors, nurses, and other medical professionals are trained to deliver babies safely and navigate challenging birthing situations. It may be considered medical negligence if these professionals do not uphold a high standard of care. Mistakes made during labor can result in a lifelong birth injury like cerebral palsy or Erb’s palsy.

Birth injury lawsuits hold negligent healthcare providers accountable and award families with life-changing compensation. Money won from a birth injury lawsuit can help families pay for the treatments their child needs to live a long, happy life.

Get a free case review today to see if you can file a birth injury claim in the state of Florida.

Florida Birth Injury Lawyer FAQs

What is the birth injury statute of limitations in Florida?

In the state of Florida, the statute of limitations for birth injury is 4 years, and the statute of limitations for wrongful death is 2 years. If you do not file your claim within this time limit, you will no longer be able to sue.

A Florida birth injury attorney can help you file your case within the statute of limitations.

How much do Florida birth injury lawyers cost?

Top Florida birth injury attorneys work on a contingency fee basis and come at no cost to you. Your lawyer will not charge any upfront costs and will only collect fees if they secure compensation for you. Your legal team will then take a small percentage of your earnings.

How do I know if my child’s birth injury was caused by medical negligence?

The best way to find out if your child’s condition was caused by medical negligence is to contact a Florida birth injury lawyer.

Attorneys will be able to review your case for free to see whether your child’s injury was preventable and if you can file a claim. Get a free case review to learn more about taking legal action.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Data and statistics for cerebral palsy. (2020, December 31). Retrieved June 2, 2024, from https://www.cdc.gov/ncbddd/cp/data.html
  2. Ranum, D. (2019, March 20). Study of malpractice claims involving children. Retrieved June 2, 2024, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  3. The 2020 Florida Statutes. (2021, August 05). Retrieved June 2, 2024, from http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0095%2FSections%2F0095.11.html