Medical Malpractice|7 min read|January 15, 2026

Birth Injury Medical Malpractice in Florida — When Delivery Goes Wrong

Birth injuries caused by medical negligence can affect a child for life. Florida law allows families to seek compensation for these devastating injuries. Here's what you need to know.

The birth of a child should be one of life's most joyful moments. When medical negligence during labor and delivery causes injury to a mother or baby, the consequences can last a lifetime. Gonzalez Munoz Law has recovered significant compensation for birth injury families throughout South Florida.

Common Birth Injuries Caused by Medical Negligence

Medical Standards in Delivery Room Negligence

To establish a birth injury malpractice claim, you must show that the medical provider deviated from the accepted standard of care. Common deviations include:

  • Failure to monitor fetal heart rate
  • Failure to recognize and respond to fetal distress
  • Delayed C-section when medically indicated
  • Improper use of delivery tools
  • Medication errors

Florida's Birth-Related Neurological Injury Act (NICA)

Florida has a unique program called NICA (Neurological Injury Compensation Association) that may affect certain birth injury claims. Not all birth injuries qualify — and some families mistakenly believe NICA bars their lawsuit when it does not. An attorney must evaluate whether NICA applies to your case.

The Statute of Limitations

Birth injury claims involving minors have special rules. Generally, the clock is tolled until the child turns 18, but there are exceptions — particularly for parents' individual claims and NICA cases. Act promptly to preserve evidence.

Our birth injury attorneys have secured recoveries including:

  • $1,100,000 for medical malpractice resulting in wrongful death
  • $1,000,000 for medical malpractice

Call 305-770-6666 for a confidential, free consultation.

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