Birth Injury Lawyer Boynton Beach, FL

Did a preventable medical error harm your baby during birth?

Compassionate birth injury attorneys helping families across Boynton Beach, FL, hold negligent providers accountable.

Few experiences are more devastating than learning your child was injured during birth by a mistake that should never have happened. In those moments, families deserve answers, accountability, and the resources to care for a child who may need lifelong support. A birth injury lawyer in Boynton Beach, FL, at Jacobson Injury Firm investigates what went wrong, consults medical experts, identifies every responsible party, and pursues the full compensation your family needs. Because these claims fall under Florida’s medical malpractice rules, they are among the most complex injury cases, and attorney Adam Jacobson handles them with the seriousness and care they demand. Contact us for a free, confidential consultation.

Birth Injury Lawyer Boynton Beach, FL

A birth injury is harm a baby or mother suffers during pregnancy, labor, or delivery. Some complications are genuinely unavoidable, but others occur because a doctor, nurse, or hospital failed to meet the accepted standard of medical care. The legal term for that failure is negligence, and proving it is the foundation of every birth injury claim.

When a preventable error causes lasting harm, families have the right to ask hard questions and seek accountability. A birth injury claim is a form of medical malpractice, and Florida law places specific requirements and deadlines on these cases that do not apply to ordinary injury claims. Understanding those rules early is often what protects a family’s options.

Types of Birth Injuries We Handle in Boynton Beach

Birth injuries take many forms, and the circumstances shape both liability and the care a child will need. The cases our firm sees most often include:

• Oxygen deprivation injuries. When a baby’s oxygen supply is interrupted during labor, the result can be a brain injury such as hypoxic-ischemic encephalopathy (HIE).
• Cerebral palsy. One of the most common severe birth injuries, sometimes linked to preventable complications during delivery.
• Nerve damage, including Erb’s palsy. Often caused by excessive force or improper handling during a difficult delivery.
• Fractures and physical trauma. Improper use of forceps or vacuum extraction tools can cause broken bones and other injuries.
• Maternal injuries. Failure to diagnose or treat infections, hemorrhage, or other conditions can seriously harm the mother.

The most severe birth injuries can rise to the level of a catastrophic injury requiring lifelong care, and in the most tragic cases they lead to wrongful death. The scope of the injury drives the scope of the claim.

Common Causes of Birth Injuries

Many birth injuries trace back to preventable lapses in care. Among the most common are failing to monitor the baby’s heart rate and oxygen levels during labor, delaying a medically necessary C-section in response to fetal distress, improper use of delivery instruments, medication errors, and failing to diagnose or treat conditions in the mother during pregnancy. When care falls below what a reasonably careful provider would deliver, and that failure causes harm, the family may have a valid claim.

Florida’s NICA Program: What Families Should Know

Florida is one of only a few states with a no-fault program specifically for severe birth injuries. The Florida Birth-Related Neurological Injury Compensation Association (NICA), governed by Florida Statutes §§ 766.301–766.316, provides lifetime benefits for a narrow category of catastrophic birth injuries: a brain or spinal cord injury caused by oxygen deprivation or mechanical injury during labor, delivery, or immediate post-delivery resuscitation that leaves the infant permanently and substantially impaired.

NICA matters to families because it can change the entire path of a case. When a child’s injury qualifies, NICA is often the exclusive remedy, which generally means the family cannot also pursue a traditional malpractice lawsuit against the provider. Eligibility is decided through a petition to Florida’s Division of Administrative Hearings, not in ordinary civil court. Whether NICA applies, and whether it is truly the family’s best or only option, is frequently disputed. An attorney can review the records, assess whether the NICA claim process applies, and determine whether a malpractice claim may still be available. Getting this determination right early is one of the most important steps in a Florida birth injury case.

Why Choose Jacobson Injury Firm for Your Birth Injury Case?

A Scientific Background That Matters

Birth injury cases turn on medical records and causation, which is where Adam Jacobson’s background stands out. Along with his law degree from Florida International University College of Law and bar admissions in Florida, New York, Connecticut, and Illinois, he holds a Bachelor of Science in Biotechnology with a minor in Immunology. That scientific foundation helps him work through complex medical evidence and understand how a delivery went wrong. His license status can be verified through The Florida Bar.

Direct, Personal Representation

These cases are never just legal claims; they are families trying to secure the care and stability their child needs. Adam handles every case personally, keeping families informed and supported at each step rather than passing them between staff members.

Proven Results and Contingency Representation

Our firm has recovered millions of dollars for injured clients across Florida. Birth injury matters are handled on a contingency fee basis, so no retainer or hourly charge is required, and a fee is owed only from a recovery. When a birth injury connects to a broader claim, our work as a Boynton Beach personal injury lawyer covers the full range of negligence matters in Palm Beach County.

Understanding Damages and Compensation in Birth Injury Cases

A birth injury can carry lifelong costs, and recoverable damages are meant to address the full scope of that harm. Depending on the case, they may include current and future medical expenses, the cost of therapy and specialized equipment, long-term care, lost earning capacity for a child whose future is affected, and pain and suffering. Because conditions such as cerebral palsy can carry lifetime care costs reaching into the millions, projecting future needs accurately is central to protecting a family’s future.

Proving a Birth Injury Case in Florida

Establishing liability requires showing that a provider’s care fell below accepted medical standards and that this failure directly caused the injury. Florida also requires a pre-suit investigation and notice process before a medical malpractice claim can be filed, under Florida Statute § 766.106, which calls for a qualified medical expert to support the claim at the outset. That makes a thorough review of the medical records, testimony from medical experts, and a careful reconstruction of the timeline of care essential.

Florida also limits how long families have to bring these claims, and the statute of limitations for medical negligence is strict and fact-specific. In general, the deadline runs from when the injury was discovered or should have been discovered under Florida Statutes § 95.11, with an overall outer limit and special provisions that can apply to injured children. Because these rules are complex and missing a deadline can end a valid claim, speaking with a birth injury lawyer in Boynton Beach, FL as early as possible helps preserve both the evidence and your family’s rights.

Birth Injury Lawyer FAQs

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

Not every birth complication results from negligence, and telling the difference usually requires a medical review. The key question is whether the provider’s care fell below accepted standards and whether that failure caused the harm. A birth injury attorney works with qualified medical experts to examine the delivery records and determine whether the injury was preventable.

What is NICA, and does it stop me from suing?

NICA is Florida’s no-fault birth injury compensation program for certain severe neurological injuries occurring during labor, delivery, or immediate post-delivery resuscitation. If a child’s injury qualifies, NICA is often the exclusive remedy, which can prevent a traditional malpractice lawsuit. Whether NICA applies is frequently contested, so it is worth having an attorney review the specific facts before assuming either path is closed.

How long do I have to file a birth injury claim in Florida?

Florida sets strict, fact-specific deadlines for medical negligence claims, and they differ from ordinary injury cases. The time limit generally runs from when the injury was discovered or should have been discovered, with an overall outer limit and special provisions that can apply to children. Because these rules are complex, it is important to have the specific dates reviewed by an attorney as early as possible.

What does a birth injury claim cost to pursue?

There are no upfront costs. Jacobson Injury Firm handles birth injury cases on a contingency basis, meaning fees come only from a recovery and there is no fee unless the case is resolved in your family’s favor. The initial consultation is free and confidential.

What compensation can a family recover in a birth injury case?

Compensation is meant to cover the full, long-term impact of the injury. Depending on the facts, damages can include current and future medical care, therapy and specialized equipment, long-term or in-home care, a child’s diminished future earning capacity, and the pain and emotional suffering the family endures. Cases involving lifelong conditions typically place the greatest weight on future-care costs.

Should I request my medical records before calling a lawyer?

You do not need to gather anything before reaching out. A birth injury attorney can obtain and review the complete delivery and prenatal records as part of investigating the claim, following the same general case timeline used in other serious injury matters. Acting sooner helps preserve evidence and protect the deadlines that apply to your case.

Contact Jacobson Injury Firm to Schedule a Consultation

If your family is facing the aftermath of a possible birth injury, you do not have to navigate it alone. A Boynton Beach birth injury lawyer at our firm will listen to your story, review what happened, and explain your options with honesty and compassion. Consultations are always free and confidential, and we work on a contingency basis, so there are no fees unless we recover for your family. Contact us today to speak directly with Adam Jacobson. Matters that proceed to litigation are filed in the Fifteenth Judicial Circuit of Florida, and our firm handles every step from investigation through resolution.