Birth Injury Lawyer Boca Raton, FL

When a baby is hurt during labor or delivery, parents often leave the hospital with questions no one has answered and a future of therapy, specialists, and medical bills. A birth injury lawyer in Boca Raton, FL can obtain the medical records, have them reviewed by qualified experts, and explain whether the injury may have been preventable. Jacobson Injury Firm represents families in southern Palm Beach County whose children were injured at birth. Contact the firm for a free, confidential consultation.

How Birth Injury Claims Work in Florida

Most birth injury claims are medical negligence (malpractice) claims. Under Florida Statute 766.102, the family must prove by the greater weight of the evidence that a health care provider breached the “prevailing professional standard of care.” In plain terms, that means the care fell below what reasonably prudent, similar providers would consider acceptable under the same circumstances, and that this failure caused the injury.

Florida also requires several steps before a lawsuit can even be filed:

• Presuit investigation. Under Florida Statute 766.203, the family’s attorney must investigate and find reasonable grounds to believe that each defendant was negligent and that the negligence caused the injury. This must be backed by a verified written opinion from a qualified medical expert.
• Notice of intent. Under Florida Statute 766.106, each prospective defendant must receive formal written notice of intent to sue, typically by certified mail or another method the statute allows.
• A 90-day review period. No lawsuit may be filed for 90 days after notice is delivered. During that time, the provider or its insurer reviews the claim, and the parties exchange records and information informally. The statute of limitations is paused during this period.
• The provider’s response. The provider must reject the claim, make a settlement offer, or offer to arbitrate damages with liability admitted.

Missing a presuit step can lead to dismissal.

Where Births Happen in Boca Raton

Boca Raton families typically deliver at one of two local hospitals with labor and delivery units. Boca Raton Regional Hospital, part of Baptist Health, provides maternity care at its Toppel Family Place, which includes labor, delivery and recovery rooms and a Level II neonatal intensive care unit (NICU). West Boca Medical Center on Glades Road operates a maternity unit and describes its NICU as Level III.

A birth injury claim does not assume that any hospital did something wrong. Each case turns on the specific care a mother and baby received, which only the records and an expert review can show.

Common Types of Birth Injuries

Not every birth injury is caused by negligence. Some conditions develop before labor begins or arise from genetic causes. The CDC notes that most cerebral palsy is linked to events before or during birth. Jacobson Injury Firm reviews claims involving:

• Hypoxic-ischemic encephalopathy (HIE): brain injury caused by a lack of oxygen and blood flow, which can follow a missed sign of fetal distress on the heart rate monitor
• Cerebral palsy: a group of movement and muscle-control disorders that, in some cases, result from oxygen deprivation or trauma during delivery
• Erb’s palsy and brachial plexus injuries: nerve damage in the shoulder and arm, often linked to shoulder dystocia (when the baby’s shoulder becomes stuck during delivery) and excessive pulling
• Injuries from a delayed C-section: harm that can occur when a cesarean delivery is not performed in time despite signs of distress, a stalled labor, or other warnings
• Skull fractures and bleeding in the brain: injuries sometimes associated with forceps or vacuum extraction

The firm’s guide to brain injuries in Florida explains how these injuries are evaluated over time.

What Compensation Can a Birth Injury Family Recover?

A child with a serious birth injury may need care for life. In a medical negligence claim, a family may seek compensation for:

• Past and future medical, surgical, and hospital care
• Physical, occupational, and speech therapy
• Home modifications, adaptive equipment, and attendant care
• The child’s lost future earning capacity
• Pain, suffering, and loss of enjoyment of life
• The parents’ own losses, such as caregiving costs and time away from work

Estimating these losses usually requires life-care planners and economists. See the firm’s overview of damages in Florida.

How Florida’s NICA Program Can Affect a Lawsuit

Florida’s Birth-Related Neurological Injury Compensation Plan, run by the Florida Birth-Related Neurological Injury Compensation Association (NICA), is a no-fault system created by Florida Statutes 766.301 through 766.316. For certain severe brain and spinal cord injuries, it replaces a lawsuit with administrative benefits.

Under Florida Statute 766.302, a covered injury is an injury to the brain or spinal cord of a live infant weighing at least 2,500 grams (about 5.5 pounds), or 2,000 grams in a multiple birth. It must be caused by oxygen deprivation or mechanical injury during labor, delivery, or resuscitation right after delivery in a hospital. It must also leave the child permanently and substantially impaired both mentally and physically. Genetic or congenital conditions are excluded.

When a claim qualifies, NICA benefits are generally the family’s only remedy against participating physicians and hospitals directly involved in the delivery. An administrative law judge, not a jury, decides whether a claim is covered. Benefits under Florida Statute 766.31 include necessary medical and custodial care, an award to the parents of up to $250,000 (adjusted each year), and a $50,000 death benefit. A NICA claim must be filed within five years of the child’s birth.

NICA does not cover every birth injury. Injuries to babies under the weight limits, injuries that are not both mentally and physically disabling, and claims against non-participating doctors may fall outside it. Lawsuits also remain possible in limited cases of bad faith, malicious purpose, or willful and wanton conduct. A birth injury lawyer in Boca Raton, FL usually answers the NICA question first.

Unlike most Florida injury claims, medical negligence cases are not subject to the rule that bars recovery for a person more than 50% at fault. Florida Statute 768.81 expressly excludes medical negligence claims under chapter 766 from that bar.

What Should Parents Do After a Suspected Birth Injury?

These steps can help protect a child’s health and a possible claim:

• Follow every medical recommendation. Early intervention, specialist care, and therapy matter most for the child’s development.
• Request complete records. Parents can request copies of the mother’s labor and delivery records and the baby’s records, including fetal heart rate monitor strips and NICU charts.
• Keep a written timeline. Note when labor began, who was present, and when concerns were raised.
• Save paperwork. Keep bills and any NICA notice forms signed before delivery.
• Avoid signing releases. Talk to an attorney before signing anything from a hospital or insurer.

The firm’s guide on evidence in Florida injury cases explains why early document collection matters.

How Long Do You Have to File a Birth Injury Claim in Florida?

Medical malpractice deadlines are set by Florida Statute 95.11(5)(c). A claim generally must be filed within two years of the incident or of when the injury was discovered, or should have been discovered with reasonable care. A four-year statute of repose, an outer limit that applies regardless of discovery, also applies.

For children, Florida carves out an important exception. The four-year limit does not bar an action brought on behalf of a minor on or before the child’s eighth birthday. When fraud, concealment, or intentional misrepresentation prevented discovery, the deadline can be extended, but generally not beyond seven years from the incident, with a separate exception for minors.

These rules interact in complicated ways, and the 90-day presuit period must fit inside them. The firm’s overview of the Florida statute of limitations covers related deadlines.

No Fee Unless We Win

Jacobson Injury Firm handles birth injury cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.

Families work directly with attorney Adam Jacobson, who is licensed in Florida, New York, Connecticut, and Illinois and represents injured people only. He prepares each case as if it may go to trial.

Frequently Asked Questions

How do I know if my child’s injury was caused by medical negligence?

Florida requires a qualified medical expert to review the records and sign a verified opinion before a claim moves forward. That review can show whether the care met the professional standard.

Does NICA mean I cannot sue?

Not always. NICA applies only to certain severe neurological injuries and to participating providers. Many birth injuries fall outside it, and an attorney can evaluate whether a lawsuit, a NICA claim, or both should be considered.

Is it too late if my child is several years old?

Possibly not. Florida’s medical malpractice statute allows an action on behalf of a minor to be brought on or before the child’s eighth birthday, even when the usual four-year limit has passed. Other deadlines may still apply, so it is wise to speak with an attorney promptly.

How much does a birth injury lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Families pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a Birth Injury Lawyer in Boca Raton, FL

A family caring for an injured child deserves clear answers about what happened. A birth injury lawyer in Boca Raton, FL can review the records, determine whether NICA applies, and track every deadline. Call (561) 567-7163 or contact Jacobson Injury Firm today to schedule a free consultation.