When medical professionals fail to provide proper care during pregnancy, labor, or delivery, the consequences can be devastating. Birth injuries—many of which are preventable—can result in lifelong disabilities, requiring extensive medical care and fundamentally changing a family's future.
At Cardinal Law, our Florida birth injury attorneys understand the emotional and financial toll these cases take on families. We combine deep medical knowledge with aggressive legal representation to hold negligent healthcare providers accountable and secure the compensation your family needs for ongoing care, therapy, and support.
Common Types of Birth Injuries We Handle
Cerebral Palsy
Often caused by oxygen deprivation (birth asphyxia) during labor and delivery. This permanent neurological disorder affects movement, muscle tone, and posture. Many cerebral palsy cases result from preventable medical errors.
Erb's Palsy & Brachial Plexus Injuries
Nerve damage in the shoulder and arm caused by excessive force during delivery, particularly in cases of shoulder dystocia. Can result in permanent weakness, loss of feeling, or paralysis of the affected arm.
Hypoxic-Ischemic Encephalopathy (HIE)
Brain damage resulting from inadequate oxygen supply to the baby's brain. Often caused by failure to monitor fetal distress, delayed C-section, or umbilical cord complications.
Facial Nerve Damage
Injury to facial nerves during forceps or vacuum-assisted delivery, causing facial paralysis or weakness. While some cases resolve, others result in permanent disfigurement.
Brain Bleeding & Hemorrhages
Intracranial hemorrhaging caused by trauma during delivery, improper use of delivery instruments, or failure to perform timely C-section. Can lead to developmental delays, seizures, or cerebral palsy.
Fractures & Bone Injuries
Broken bones (particularly clavicle fractures) during difficult deliveries. While some fractures heal, others can indicate excessive force or improper delivery techniques.
Medical Negligence That Causes Birth Injuries
Not all birth injuries constitute medical malpractice, but many result from preventable medical errors. Common forms of negligence include:
Failure to Monitor Fetal Distress
Ignoring signs of fetal distress on monitoring equipment, including abnormal heart rate patterns, can delay necessary interventions and cause oxygen deprivation.
Delayed or Unnecessary C-Section
Failing to perform an emergency cesarean section when medically necessary, or performing an unnecessary C-section that causes complications.
Improper Use of Delivery Instruments
Excessive force with forceps or vacuum extractors can cause skull fractures, brain bleeding, nerve damage, and other serious injuries.
Failure to Diagnose and Treat Maternal Conditions
Not identifying or properly managing preeclampsia, gestational diabetes, infections, or placental problems that put the baby at risk.
Medication Errors
Administering wrong dosages of Pitocin or other labor-inducing drugs, causing uterine hyperstimulation and fetal distress.
Failure to Respond to Umbilical Cord Problems
Not acting quickly when umbilical cord prolapse, compression, or nuchal cord (around neck) occurs, leading to oxygen deprivation.
Inadequate Prenatal Care
Failing to identify high-risk pregnancies, genetic abnormalities, or developmental issues that require specialized care or early intervention.
Florida Birth Injury Laws & Your Rights
Statute of Limitations
Florida law provides special time limits for birth injury cases:
- General Rule: 2 years from when the injury was discovered or should have been discovered (medical malpractice statute)
- Minor Children: Up to age 8 for cases discovered before age 6, with maximum 2-year discovery extension
- Statute of Repose: No claim can be filed more than 4 years after the malpractice occurred (with limited exceptions for fraud/concealment)
Time limits in birth injury cases are complex. Consult with an experienced Florida birth injury lawyer immediately to protect your rights.
Pre-Suit Requirements
Florida medical malpractice cases require a pre-suit investigation period:
- • Medical expert affidavit confirming reasonable grounds for malpractice claim
- • 90-day notice to healthcare providers before filing lawsuit
- • Detailed medical records review and expert consultation
- • Compliance with Florida's strict procedural requirements
Damage Caps & Recovery
Birth injury cases may involve substantial damages, including:
Economic Damages (No Cap)
- • Lifetime medical care and treatment
- • Therapy and rehabilitation costs
- • Special education needs
- • Adaptive equipment and home modifications
- • Lost future earning capacity
Non-Economic Damages (Capped)
- • Pain and suffering
- • Loss of quality of life
- • Emotional distress
- • Parental consortium (family impact)
- • Subject to $500K-$1M caps depending on circumstances
Why Choose Cardinal Law for Your Birth Injury Case?
Medical Expertise
We work with leading medical experts in obstetrics, neonatology, and neurology to build compelling cases demonstrating the standard of care breaches.
Compassionate Representation
We understand the emotional trauma families experience. Our team provides supportive, sensitive guidance throughout the legal process.
Proven Results
Millions recovered for birth injury victims across Florida. We've successfully litigated complex medical malpractice cases against major hospitals and healthcare systems.
No Fees Unless We Win
Contingency fee arrangement means you pay nothing upfront. We advance all case costs and only collect fees if we secure compensation for your family.
Southwest Florida Focus
Deep knowledge of Naples, Fort Myers, and Lee County medical facilities. We understand local healthcare providers and hospital protocols.
Lifetime Care Planning
We work with life care planners to calculate the full cost of your child's lifetime needs, ensuring adequate compensation for future care.
Frequently Asked Questions About Birth Injury Cases
How do I know if my child's birth injury was caused by medical negligence?
Not all birth injuries are the result of malpractice. Warning signs include: unexpected complications during routine delivery, failure to perform emergency C-section despite fetal distress, improper use of delivery instruments, delayed diagnosis of maternal conditions, or medical staff admitting errors. A thorough review of medical records by qualified experts can determine if negligence occurred.
What is the average settlement for a birth injury case in Florida?
Birth injury settlements vary widely based on injury severity, long-term care needs, and degree of negligence. Minor injuries may settle for hundreds of thousands, while severe cases involving permanent disability (cerebral palsy, brain damage) can result in multi-million dollar verdicts or settlements. Each case is unique and depends on specific medical circumstances and damages.
How long does a Florida birth injury lawsuit take?
Medical malpractice cases are complex and typically take 2-4 years to resolve. Florida requires a pre-suit investigation period (90+ days), extensive medical record review, expert depositions, and often lengthy litigation. However, some cases settle earlier through mediation. The timeline depends on case complexity, defendant cooperation, and whether trial is necessary.
Can I sue if my doctor apologized for the birth injury?
Yes. Florida law protects healthcare provider apologies and expressions of sympathy from being used as admissions of liability. An apology alone doesn't establish malpractice, but it may indicate awareness of substandard care. What matters is whether the medical evidence demonstrates a breach of the accepted standard of care that caused your child's injuries.
What if my child's birth injury symptoms didn't appear until months or years later?
Many birth injuries, particularly neurological damage, aren't immediately apparent. Cerebral palsy, developmental delays, and cognitive impairments may not be diagnosed until the child misses developmental milestones. Florida's statute of limitations for minors provides additional time, but it's critical to consult an attorney as soon as you suspect a connection between delivery complications and your child's condition.
Do I need to file a lawsuit, or can we settle without going to court?
Many birth injury cases settle through negotiation or mediation without trial. However, filing a lawsuit is often necessary to compel the hospital or healthcare provider to engage in serious settlement discussions. Insurance companies rarely offer fair compensation until they see you're prepared to take the case to trial. Your attorney will pursue settlement while preparing for litigation.
Your Child Deserves Justice and Lifetime Care
If your child suffered a preventable birth injury, our compassionate birth injury lawyers can help you seek the compensation needed for medical care, therapy, and a secure future.
Available 24/7 • No Fees Unless We Win • Serving Naples, Fort Myers & All of Southwest Florida