Wrongful Birth Attorney in Jacksonville

What Florida Law Does Not Cover

Two important boundaries shape a Florida wrongful birth case. First, Florida doesn’t recognize a “wrongful life” claim brought on behalf of the child. In Kush v. Lloyd, the Florida Supreme Court held that comparing the value of human existence against nonexistence isn’t something tort law can resolve. The claim belongs to the parents, not the child.

Second, under Fassoulas v. Ramey (1984), ordinary child-rearing costs aren’t recoverable, regardless of whether the child is born healthy or with an impairment. Florida law draws a clear line: only the extraordinary expenses tied directly to the child’s impairing condition are compensable. That distinction shapes how damages are evaluated and presented from the earliest stage of a case.

Filing Deadlines for Wrongful Birth Claims in Jacksonville

Florida medical malpractice claims, including wrongful birth claims, are generally subject to a two-year filing deadline measured from when the incident occurred or was discovered through due diligence. A four-year statute of repose applies in most situations, though a claim brought on behalf of a minor may be filed before the child’s eighth birthday even if that falls outside the standard repose period.

One detail particular to wrongful birth: the Florida Supreme Court held in Kush v. Lloyd that the clock runs from the date of the negligent advice or diagnosis, not from the date the child is born. When fraud or intentional misrepresentation prevented discovery, the filing period may extend up to two years from discovery, with a maximum of seven years from the incident, subject to the minor’s eighth-birthday exception. These are general statements of Florida law; the specific facts of your situation determine what applies. Wrongful birth claims arising in Jacksonville are heard in the Fourth Judicial Circuit Court, which serves Duval County.

How We Build a Wrongful Birth Case

Wrongful birth cases turn on medical and scientific evidence: genetic testing records, prenatal imaging, counseling notes, and expert analysis of what a competent provider should have detected and disclosed. Our attorneys include former prosecutors and insurance defense attorneys, backgrounds that give us a clear picture of how opposing counsel may approach the defense and where their arguments are vulnerable.

We partner with medical, economic, and investigative professionals to reconstruct what happened, project the extraordinary lifetime costs associated with the child’s condition, and present that evidence in a form that can hold up at trial. Each case receives a strategy built around its specific facts, not a template.

Speak With Our Jacksonville Wrongful Birth Lawyer at No Cost

Consultations are free, and we’re available evenings and weekends when that works better for you. We handle wrongful birth cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for your family. Throughout your case, you’ll receive regular updates and prompt responses to your calls, texts, and emails.