Florida Birth Injury Malpractice

Birth Injuries and Obstetrical Negligence in Florida

Errors committed during labor and delivery can cause permanent neurological impairments such as Cerebral Palsy, Erb's Palsy, or hypoxic-ischemic encephalopathy (HIE). When obstetricians or delivery teams delay emergency C-sections or misuse extraction tools, families face lifetime care expenses.

Common Causes of Delivery Room Injuries

Severe birth trauma often stems from preventable obstetric failures during difficult deliveries:

• Delayed Emergency C-Section: Failing to respond promptly to fetal distress signals on electronic heart rate monitors.
• Improper Use of Vacuum or Forceps: Applying excessive physical pressure, causing skull fractures or brachial plexus nerve tearing.
• Failure to Treat Infection: Omitting treatment for maternal infections (such as Group B Strep) that can transfer to the infant.

Florida NICA Program Considerations

Florida created the Neurological Injury Compensation Association (NICA) under Fla. Stat. § 766.301–766.316. NICA is a no-fault compensation program covering specific severe brain or spinal cord birth injuries. Determining whether a claim falls under NICA or standard civil court litigation requires careful legal evaluation.

While typical malpractice claims carry a 2-year deadline, claims involving birth injuries to minors under Florida law may have extended filing windows under specific statutory provisions.