Florida Military Birth Injury Malpractice Attorneys

Military families trust Florida's Army, Navy, and Air Force medical centers to provide the highest standard of prenatal care and delivery. Unfortunately, medical negligence during pregnancy, labor, or delivery at Military Treatment Facilities (MTFs) can result in devastating birth injuries that affect children and families for their entire lives.

The Centers for Disease Control and Prevention reports that proper medical care could prevent many of the 7 in 1,000 births resulting in birth injuries. At the Archuleta Law Firm, our founding attorney is a licensed attorney and medical doctor, giving us unique insight into military birth injury cases and medical standards of care violations at Naval, Army, and Air Force hospitals.

If your child suffered a birth injury at a Florida military facility, you have legal rights under the Federal Tort Claims Act (FTCA). You can file these federal claims directly against the United States government when military medical facilities commit negligence. Active duty service members' spouses and active duty mothers who delivered at military hospitals may be entitled to significant compensation for Army hospital birth injuries, Navy hospital malpractice, or Air Force medical center negligence.

• Failure to Monitor Fetal Distress: When military medical staff fail to properly monitor fetal heart rates during labor or ignore warning signs of oxygen deprivation, serious complications like hypoxic-ischemic encephalopathy (HIE) and cerebral palsy can result. Continuous fetal monitoring is the standard of care during high-risk deliveries.

• Delayed Emergency Cesarean Section: Military hospital staff who wait too long to perform a cesarean section when complications arise can cause permanent brain damage to the infant. The standard "decision-to-incision" time for emergency C-sections is typically 30 minutes or less.

• Medication Errors During Labor: Improper administration of labor-inducing drugs like Pitocin or failure to monitor the mother's response to medications can cause uterine rupture, fetal distress, and birth trauma needing immediate intervention.

• Improper Use of Delivery Instruments: Excessive force or incorrect positioning when using forceps or vacuum extractors during assisted delivery can cause skull fractures, brachial plexus injuries (Erb's palsy), and permanent nerve damage.

• Failure to Diagnose Maternal Conditions: Military medical providers who fail to properly diagnose and treat conditions like preeclampsia, gestational diabetes, or placental abruption put both mother and baby at serious risk for complications during delivery.

• Inadequate Resuscitation of Newborns: When infants require immediate resuscitation after birth, delays or improper techniques by military medical staff can result in brain damage, developmental delays, and other permanent injuries.

Our firm represents military families who experienced birth injuries at major Florida military medical facilities with maternity and neonatal services. These Military Treatment Facilities serve active duty service members and their families across all branches of the military.

MacDill Air Force Base Medical Clinic (Tampa) - While primarily a clinic, serious cases are often transferred to civilian facilities, and negligence in initial care or transfer decisions can lead to birth injury claims.

Naval Air Station Jacksonville Medical Clinic (Jacksonville) - Provides obstetric care for Navy and Marine Corps families, with more complex cases transferred to regional military medical centers or civilian hospitals when complications arise.

Eglin Air Force Base Medical Group (Valparaiso) - Serves Air Force families in the Florida Panhandle, with high-risk pregnancies typically managed through consultation with larger military medical centers.

Naval Air Station Pensacola Medical Clinic (Pensacola) - Provides prenatal care and delivery services for Navy families, with specialized neonatal care available through partnerships with civilian facilities when needed.

Many Florida military families also receive care at larger regional military medical centers in neighboring states, including Naval Medical Center Portsmouth in Virginia and other facilities within the TRICARE network.

View all Florida Military Facilities

• Fetal heart rate abnormalities were ignored or not properly addressed during labor and delivery
• Emergency cesarean section was delayed despite clear indications for immediate surgical intervention
• Your baby required extensive resuscitation at birth but medical staff seemed unprepared or responded slowly
• Delivery instruments caused visible trauma such as bruising, cuts, or obvious nerve damage to your infant
• Labor medications were increased without proper monitoring of your response or fetal well-being
• Medical staff failed to recognize signs of infection in mother or baby before, during, or after delivery
• Your baby was born with unexpected complications that weren't anticipated despite risk factors being present
• Communication between medical team members was poor or important information wasn't properly transferred between shifts

Economic Damages

• Lifetime medical care costs including specialized therapy, surgeries, medications, and adaptive equipment that can exceed $1 million for severe birth injuries
• Special education and developmental services required throughout childhood and into adulthood
• Lost earning capacity for the injured child based on their reduced ability to work and earn income over their lifetime
• Parental lost wages and benefits when parents must leave work or reduce hours to provide care
• Home modifications and accessibility improvements to accommodate wheelchairs, medical equipment, and mobility limitations
• Transportation costs for ongoing medical appointments, therapy sessions, and specialized care

Non-Economic Damages

• Pain and suffering experienced by the child due to their birth injury and ongoing medical conditions
• Loss of enjoyment of life for activities and experiences the child cannot participate in due to their injuries
• Emotional distress suffered by parents and family members witnessing their child's struggles and limitations
• Loss of companionship and the normal parent-child relationship affected by the birth injury
• Mental anguish related to the child's uncertain future and ongoing medical needs

Florida-Specific Considerations

Under Florida's medical malpractice statute (Fla. Stat. § 766.118), damage caps may apply to non-economic damages in civilian medical malpractice cases. However, FTCA claims against military hospitals are governed by federal law rather than state damage caps. The Federal Tort Claims Act (28 U.S.C. § 2674) allows for full compensation of both economic and non-economic damages without the statutory caps that might apply in Florida state court cases. This can result in significantly higher compensation for military families pursuing FTCA birth injury claims compared to civilian medical malpractice cases in Florida courts.

Statute of Limitations: Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), birth injury claims against military hospitals must be filed within two years from the date the claim accrued. In Florida, the discovery rule may apply in cases where the full extent of the birth injury wasn't immediately apparent, potentially extending the filing deadline to two years from when parents reasonably should have discovered the injury was caused by medical negligence.

Expert Witness Requirements: Florida law (Fla. Stat. § 766.102) requires medical expert testimony in birth injury cases to establish the standard of care and prove negligence. For military hospital cases, experts must be qualified in obstetrics, neonatology, or related specialties and familiar with federal medical facility standards. Our firm's medical doctor founder provides unique insight into these complex medical standards that other attorneys cannot offer.

For complete step-by-step filing instructions, see our guide: How to File a Military Medical Malpractice Claim in Florida

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you have two years from the date of injury to file your claim against the military hospital. However, Florida's discovery rule may apply if the birth injury wasn't immediately apparent, extending the deadline to two years from when you reasonably should have discovered the negligence.

FTCA claims allow recovery of both economic damages (medical expenses, lost earning capacity, special education costs) and non-economic damages (pain and suffering, loss of enjoyment of life). Unlike Florida state medical malpractice cases, federal FTCA claims are not subject to Florida's statutory damage caps under Fla. Stat. § 766.118.

Florida's medical malpractice damage caps do not apply to FTCA claims against military hospitals because these are federal cases governed by federal law (28 U.S.C. § 2674). This often results in higher compensation compared to civilian hospital cases filed in Florida state courts.

No, you cannot sue individual military doctors or staff members. Under the Federal Tort Claims Act, your claim must be filed against the United States government for negligence at the military facility. The Feres Doctrine may bar active duty service members from filing claims, but typically does not apply to military dependents.

Yes, Florida law requires qualified medical expert testimony to prove the standard of care was violated. Our firm's founding attorney is both a licensed attorney and medical doctor, providing unique medical expertise that strengthens birth injury cases involving complex obstetric and neonatal care issues.

FTCA cases typically take 18-36 months to resolve. You must first file Form 95 with the military facility, wait up to six months for the government's response, then file in federal court if the claim is denied. The timeline depends on case complexity and the severity of your child's injuries.

If negligence occurred during emergency transfer between military facilities or from a military facility to a civilian hospital, multiple parties may be responsible. Our firm investigates all aspects of care to determine whether the military facility, transfer protocols, or receiving hospital contributed to your child's birth injury.

The Feres Doctrine traditionally bars active duty service members from filing FTCA claims, but recent changes under the National Defense Authorization Act may allow certain active duty birth injury claims. Each case requires individual analysis to determine eligibility under current federal law.

When your child has suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a Florida military facility, you need attorneys who understand both medicine and law. The Archuleta Law Firm offers a unique combination of expertise:

• Doctor-Attorney on Staff: Our founding attorney holds both an MD and JD, providing unmatched insight into Birth Injury cases and the medical standards of care that were violated.

• Proven Results: Over $145 million recovered for military families nationwide, including complex Birth Injury cases.

• Florida FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Florida military treatment facilities.

• No Fee Unless We Win: You pay nothing unless we recover compensation for you. We advance all case costs and expenses.

• Nationwide Practice: Licensed to handle FTCA cases in all 50 states, including Florida, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Birth Injury takes on families. Our team is here to support you through every step of the legal process.

If your child suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a Florida military hospital, you may be entitled to significant compensation under the Federal Tort Claims Act.

The Archuleta Law Firm offers free, confidential case evaluations for Florida Birth Injury victims. Our Florida Birth Injury attorneys will:

• Review your medical records and case details at no cost
• Explain your legal rights under the FTCA
• Assess the strength of your potential claim
• Answer your questions about the Florida legal process
• Discuss the compensation you may be entitled to recover

Don't wait - the FTCA has strict deadlines for filing claims. Contact us today to protect your rights.

Call 1-800-798-9529 for a free consultation, or Request Your Free Case Evaluation Online.

Florida Military Malpractice Information

• Military & VA Medical Malpractice in Florida - Complete guide to filing claims in Florida, including facility listings and legal requirements

Other Florida Case Types We Handle

• Florida Surgical Errors Cases
• Florida Emergency Room Errors Cases
• Florida Brain Injury Cases

Birth Injury Resources

• Birth Injury Lawyers (Nationwide) - General Birth Injury information
• FTCA Claims Process - Understanding the Federal Tort Claims Act
• Standard Form 95 Guide - How to complete the required claim form

Contact Us

• Phone: 1-800-798-9529
• Free Case Evaluation

If your child suffered a birth injury at a VA hospital or military medical facility in Florida, you need to understand the specific requirements of filing a Federal Tort Claims Act (FTCA) claim. Under the FTCA, you generally have two years from the date of injury to file your administrative claim using Standard Form 95. However, it's crucial not to wait, as gathering medical records and expert opinions takes considerable time.

Once you file your administrative claim, the federal agency has six months to respond. During this period, they may accept your claim and offer a settlement, deny the claim, or fail to respond. If your claim is denied or the six-month period passes without a response, you then have six months to file a federal lawsuit.

Having an attorney who is also a licensed medical doctor can be invaluable in birth injury cases. These cases require both legal expertise and deep medical knowledge to prove that the military healthcare providers failed to meet the standard of care. A doctor-attorney can quickly identify deviations from proper medical protocols, interpret complex medical records, and effectively communicate with medical experts who may need to testify in your case.

Through an FTCA claim, you can seek compensation for various damages related to your child's birth injury. These typically include past and future medical expenses, therapy and rehabilitation costs, specialized education needs, and necessary home modifications. You can also recover damages for lost wages if you've had to reduce work hours or leave your job to care for your child. Additionally, compensation may be available for pain and suffering, emotional distress, and loss of quality of life.

Given the complexity of FTCA claims and the strict deadlines involved, it's essential to have your case evaluated as soon as possible. Many experienced military medical malpractice attorneys offer free, confidential case evaluations to help you understand your rights and options. During this consultation, they can review your medical records, explain the FTCA process in detail, and help determine if you have a viable claim. Don't let concerns about legal fees prevent you from seeking help - most attorneys handle these cases on a contingency fee basis, meaning you pay nothing unless they recover compensation for your family.

We handle various types of VA and military medical malpractice cases in Florida:

• Florida Surgical Errors Cases
• Florida Emergency Room Errors Cases
• Florida Brain Injury Cases
• Florida Spinal Cord Injury Cases
• Florida Misdiagnosis Cases
• Florida Medication Errors Cases