When a child is harmed at birth, the impact on a family is profound and lifelong. While birth-injury cases fall under the broader umbrella of medical malpractice, they are far more complex than a typical medical-negligence claim. Families often find themselves facing not only emotional trauma but also complicated legal questions: What exactly makes a birth-injury case different? What do we need to prove? How do Florida laws affect our rights?
At Edwards & Ragatz, P.A., we help families navigate these difficult circumstances with clarity and compassion. Below, we explain the critical distinctions between birth-injury cases and standard medical-malpractice claims in Florida.
Birth-Injury Cases Involve Two Patients — Mother and Child
Unlike most medical-malpractice cases, birth-injury claims frequently involve injuries to two individuals: the mother and the infant. Each may have separate injuries, damages, and legal considerations.
The child’s injuries may include conditions such as brachial plexus injuries, cerebral palsy, hypoxic-ischemic encephalopathy (HIE), or fractures resulting from improper delivery techniques. The mother may experience complications due to delayed C-sections, improper fetal monitoring, or mismanaged labor.
Because there are two separate claims, evidence must be evaluated for each patient. That alone makes these cases considerably more intricate.
The Standard of Care Is Highly Specialized
Birth-injury claims rely on understanding the medical decisions made during pregnancy, labor, and delivery. Obstetrics and neonatal care involve extremely specialized standards.
To prove negligence, Florida law requires establishing the prevailing professional standard of care—what a reasonably careful provider with similar training would have done under the same circumstances. In birth-injury cases, this requires expert testimony from obstetricians, maternal-fetal medicine specialists, neonatologists, and labor-and-delivery nurses.
This level of specialization is rarely needed in general malpractice cases.
Causation Is More Complex
One of the most challenging aspects of birth-injury litigation is proving causation—that the medical provider’s actions directly led to the child’s injury.
Some conditions, such as cerebral palsy or developmental delays, may result from genetic factors or prenatal conditions unrelated to labor and delivery. Hospitals and insurers often argue that the injury was unpreventable, even when evidence suggests otherwise.
A successful claim requires a detailed review of fetal-monitoring strips, labor timelines, imaging, blood-gas results, and neonatal records. This degree of analysis is typically not required in standard medical cases.
Damages Are Long-Term and Often Life-Long
Children injured at birth may require a lifetime of care, including:
- Physical and occupational therapy
- Specialized medical treatments
- Assistive devices and mobility aids
- Home modifications
- Special education and developmental support
- Lifelong attendant care
Because of this, birth-injury claims involve far greater long-term damages than typical medical-malpractice cases. Lawyers must collaborate with life-care planners, economists, and medical experts to accurately calculate the lifetime cost of care. These cases often involve millions of dollars in projected expenses.
Florida’s NICA Program May Affect Your Rights
One major difference between birth-injury and other malpractice cases in Florida is the potential involvement of the Neurological Injury Compensation Association (NICA).
NICA provides no-fault compensation for certain catastrophic birth-related neurological injuries. However, eligibility is strict, and participation may limit a family’s ability to file a traditional malpractice lawsuit.
Determining whether NICA applies—or whether you have the right to pursue a civil claim—is a crucial early step. Families should never assume that NICA binds them without consulting an attorney first.
Birth-Injury Cases Require Early Action
Florida’s statute of limitations for medical-malpractice claims is already complex, and birth-injury cases have additional nuances. Waiting too long can jeopardize your ability to seek justice. Early legal intervention helps:
- Preserve medical records
- Obtain expert evaluations
- Determine NICA eligibility
- Protect your child’s claim
Jacksonville Medical Malpractice Lawyers
If you believe your child suffered a preventable birth injury, Edwards & Ragatz, P.A. is here to help you understand your rights and your options. Our board-certified trial attorneys have decades of experience handling complex medical cases and fighting for families across Florida.
Contact us today at (904) 295-1050 or online for a complimentary, confidential consultation.