Birth Injuries in Florida
Average Settlement: $1,000,000 - $5,000,000 | Statute: 2 years from the date the malpractice was or should have been discovered
About Birth Injuries
Birth injury malpractice occurs when negligent medical care during pregnancy, labor, or delivery causes harm to the mother or newborn. These cases often involve catastrophic, lifelong injuries such as cerebral palsy or brain damage resulting from oxygen deprivation. Birth injury claims are among the most high-value malpractice cases because they frequently involve permanent disabilities requiring a lifetime of medical care, therapy, and support.
Florida Medical Malpractice Laws
Statute of Limitations
2 years from the date the malpractice was or should have been discovered
Damage Cap
No cap (caps struck down as unconstitutional in 2017 by the Florida Supreme Court)
Discovery Rule
Florida applies a broad discovery rule, but imposes a 4-year statute of repose from the date of the incident (extended to 7 years in cases of fraud, concealment, or misrepresentation).
Pre-Filing Requirements
Plaintiffs must conduct a pre-suit investigation and serve a notice of intent to initiate litigation at least 90 days before filing. A verified expert medical opinion corroborating the claim is required.
Common Examples of Birth Injuries
- •Failure to monitor fetal heart rate and respond to signs of fetal distress
- •Delayed or improperly performed emergency cesarean section
- •Excessive use of force with vacuum extractors or forceps during delivery
- •Failure to diagnose and treat maternal infections during pregnancy
- •Improper administration of labor-inducing drugs such as Pitocin
- •Failure to identify and manage umbilical cord complications
- •Missed diagnosis of gestational diabetes or preeclampsia
Key Facts
- ✓Cerebral palsy caused by birth asphyxia is one of the most frequently litigated and highest-value medical malpractice claims in the United States
- ✓Fetal monitoring strips are among the most important pieces of evidence in birth injury cases, as they document the baby's heart rate and the timing of medical interventions
- ✓Birth injury cases often involve life care plans prepared by specialists that project the total cost of care over the child's expected lifetime, which can exceed tens of millions of dollars
- ✓Many states have extended statutes of limitations for birth injury claims, allowing minors to file suit until several years after they reach the age of majority
- ✓Both the obstetrician and the hospital can be held liable, particularly when hospital staffing levels or policies contributed to delayed intervention
- ✓Expert neonatologists and maternal-fetal medicine specialists are typically required to testify about the standard of care during labor and delivery
- ✓Florida's damage caps were ruled unconstitutional in Estate of McCall v. United States (2014, wrongful death) and North Broward Hospital District v. Kalitan (2017, personal injury).
- ✓Florida requires a mandatory pre-suit investigation period of 90 days, during which both parties must cooperate with informal discovery.
- ✓The state follows a modified comparative negligence standard with a 51% bar (amended in 2023 from pure comparative negligence).
- ✓Expert witnesses must be licensed, have active clinical practice, and specialize in the same or similar area as the defendant.
- ✓Punitive damages are capped at the greater of $500,000 or three times the compensatory damages.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Florida.