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Learning that your baby was injured during birth turns what should be a joyful time into one filled with questions, appointments, and worry about the future. Frankl Kominsky Injury Lawyers represents families in West Palm Beach and across Palm Beach County whose children suffered preventable injuries during pregnancy, labor, or delivery. If you are looking for a West Palm Beach birth injury attorney, we offer free consultations 24/7, and you pay no attorney fees unless we recover compensation for your family.
These cases follow special rules in Florida, including pre-suit steps and deadlines tied to your child's age. Call 561-800-8000 to talk with our team about what happened and what options your family may have.
What Is a Birth Injury Claim?
A birth injury claim seeks compensation when a medical provider's failure to meet the accepted standard of care during pregnancy, labor, or delivery causes harm to a baby. Not every difficult birth involves negligence, and many complications happen even with excellent care.
A claim usually depends on whether a provider missed warning signs, delayed needed action, or used a delivery technique improperly. Answering that question takes a careful review of the medical records by qualified physicians.
Which Birth Injuries Lead to Claims?
Birth injuries that lead to claims usually involve harm to the brain, nerves, or bones that could have been prevented with timely care. The most serious injuries often affect a child for life.
Common examples include:
- Hypoxic-ischemic encephalopathy (HIE), a brain injury caused by lack of oxygen or blood flow
- Cerebral palsy linked to oxygen deprivation or trauma during delivcery
- Brachial plexus injuries, including Erb's palsy, which affect the nerves of the shoulder and arm
- Skull fractures and brain bleeds related to forceps or vacuum extraction
- Injuries tied to a delayed cesarean section when fetal distress was present
Some of these conditions are not fully diagnosed until a child misses developmental milestones months or years later, which is one reason Florida's deadlines for children work differently.
The severity of these injuries varies widely. Some children recover with therapy, while others need lifelong care, and that difference shapes both the medical plan and the legal claim.
Signs a Birth Injury May Have Been Preventable
Some birth injuries happen despite good care, while others follow missed signals or delayed decisions. Records sometimes show patterns that point toward a preventable injury.
Situations that often lead families to ask questions include:
- Signs of fetal distress on monitoring that went unaddressed for a long period
- A long or stalled labor without a timely decision about a cesarean section
- Heavy use of forceps or vacuum extraction
- Maternal conditions, such as preeclampsia or infection, that were not managed
- A newborn with breathing problems, seizures, or severe jaundice that was not treated promptly
None of these situations proves negligence on its own. They are reasons to have the records reviewed so a family can understand what happened.
How Does Florida Law Handle Birth Injury Cases?
Florida treats most birth injury claims as medical negligence claims, which come with their own procedures, deadlines, and in some cases a separate compensation program. These rules shape a West Palm Beach birth injury case from the very beginning.
Presuit Investigation and Notice
Before filing a lawsuit, families must investigate the claim and obtain a verified written medical opinion from a qualified health care professional under section 766.203. Each prospective defendant then receives a notice of intent, which starts a 90-day investigation period under section 766.106 and pauses the statute of limitations during that time.
Florida's Birth-Related Neurological Injury Compensation Plan
Florida's Birth-Related Neurological Injury Compensation Association (NICA) runs a no-fault program for certain severe brain and spinal cord injuries that occur during labor, delivery, or resuscitation right after birth in a hospital. Under section 766.302, the program covers live infants above set birth weights who are left permanently and substantially impaired, both mentally and physically.
When NICA applies, section 766.303 generally makes it the exclusive remedy, with limited exceptions for bad faith, malicious purpose, or willful and wanton disregard of safety. Whether a case falls under NICA or proceeds as a lawsuit is one of the first questions we evaluate.
Deadlines for Birth Injury Claims
The table below summarizes the main time limits under section 95.11(5)(c).
| Rule | Time limit | What it means for families |
|---|---|---|
| General deadline | Two years from the incident or from when it was discovered | The clock may start when the family learns the injury may be linked to medical care |
| Outside limit | Four years from the incident | Most claims must be filed within four years, even if discovered late |
| Children under eight | Until the child's eighth birthday | The four-year outside limit does not bar a claim filed on or before the child's eighth birthday |
| Fraud or concealment | Up to seven years from the incident | Applies when a provider concealed the injury or its cause |
These deadlines interact with the presuit process, so a family that waits may lose options even when the outside limit seems far away.
How We Investigate a Birth Injury Claim
A birth injury investigation looks at the full timeline of care, from prenatal visits through the first days after delivery. Our process usually follows these steps:
- Listen to the family's account of pregnancy, labor, and delivery.
- Request complete prenatal, labor, delivery, and newborn records, including fetal monitoring strips.
- Have the records reviewed by qualified physicians in the relevant fields.
- Determine whether NICA may apply or whether a lawsuit is the right path.
- Complete the pre-suit notice process and pursue compensation.
Throughout the investigation, we keep families informed and work around the demands of caring for a child with special needs.
What Does a Life Care Plan Include?
A life care plan is a detailed projection of the care, equipment, and support a child with a birth injury is expected to need over a lifetime. It gives the court, the insurer, and the family a clear picture of what full compensation must cover.
A life care plan often includes:
- Ongoing medical care, doctor visits, and surgeries
- Physical, occupational, and speech therapy
- Medications and medical equipment, such as wheelchairs and feeding supplies
- Home and vehicle modifications for accessibility
- In-home nursing or attendant care
- Special education and vocational support
Physicians, therapists, and economists usually work together to build the plan, and it becomes a central piece of the damages case.
What Compensation May Be Available?
Compensation in a West Palm Beach birth injury case may cover the child's lifetime care needs, the family's costs, and the child's pain and lost opportunities. The amount depends on the severity of the injury and the evidence linking it to the medical care.
Losses Tied to the Child
A child may recover for pain and suffering, disability, disfigurement, and loss of the capacity to enjoy life. A claim may also include the child's lost ability to earn income as an adult.
Losses Tied to the Family
Parents may recover medical and care expenses they pay while the child is a minor. When a baby does not survive, Florida's Wrongful Death Act allows a claim through the personal representative of the estate, though the rules for medical negligence cases are specific and need careful review.
Recoveries for Clients With Brain Injuries
Our firm has recovered compensation for clients facing life-changing injuries, including brain injuries. Published results include:
- $3,600,000 for a brain injury, hand fracture, and multiple lacerations
- $1,260,000 for a brain injury, skull fracture, and hand fracture
- $500,000 for a brain injury and facial injury
Each recovery reflects the evidence and injuries in that matter, and past results do not predict the outcome of a future case.
Why West Palm Beach Families Choose Frankl Kominsky
Families across Palm Beach County choose Frankl Kominsky Injury Lawyers because we combine careful case evaluation with the patience these cases require. Our headquarters in Boynton Beach is a short drive from West Palm Beach, and we often meet by video or phone so parents caring for an infant do not have to travel.
What families count on from our firm:
- A lawyer who personally leads the case and explains each step
- Over $250 million recovered for injured clients
- 60+ years of combined injury law experience
- Staff fluent in Spanish and Creole
- Free consultations, available 24/7
We prepare every case as if it is going to trial, because insurers and defense lawyers respond differently to families who are ready to go the distance. We also understand that parents are balancing therapy appointments and daily care, so we keep communication simple and flexible.
FAQs: West Palm Beach Birth Injuries
How do I know if my child's injury was caused by a medical mistake?
Parents usually cannot tell from the outside whether a birth injury was caused by a medical mistake, because many complications look similar. A review of the prenatal, labor, and delivery records by qualified physicians is what shows whether the care fell below the accepted standard.
Do we need our child's medical records before calling a lawyer?
No, you do not need your child's medical records before contacting a West Palm Beach birth injury attorney. Florida law gives patients the right to request their records, and our team typically requests them as part of the investigation.
Can the mother bring a claim for her own injuries during delivery?
Yes, a mother injured during labor or delivery in Florida may have her own medical negligence claim, separate from any claim on behalf of the baby. Both claims are usually investigated together, since they rely on the same records and events.
What if my child was diagnosed with cerebral palsy years after birth?
A cerebral palsy diagnosis years after birth may still support a claim, because Florida's deadline may run from discovery and allows claims on or before a child's eighth birthday in many cases. Because these rules overlap with presuit requirements, reviewing the timeline early protects your options.
How long does a birth injury case take in Florida?
Birth injury cases in Florida often take longer than other injury claims, commonly a year or more, because of the pre-suit process, medical reviews, and the time needed to understand a child's long-term needs. Cases involving NICA follow a separate administrative process with its own timeline.
Protecting Your Child's Future
A birth injury can change the course of a family's life, from daily routines to long-term plans. You should not have to carry the cost of a preventable injury while also caring for your child.
Frankl Kominsky Injury Lawyers helps Palm Beach County families get answers about what happened and pursue the resources their children need for the years ahead. Call 561-800-8000 for a free consultation with a West Palm Beach birth injury attorney, available 24/7 in English, Spanish, or Creole.
