General information, not legal advice. Florida law here is evolving; consult a lawyer about your facts.
Florida Is Home to the Nation’s Most Prominent Mix-Up Case
The Fertility Center of Orlando embryo mix-up — in which our firm represents the child’s genetic parents — put Florida at the center of national fertility-law attention in 2026. The clinic has since closed, and litigation continues, including claims that a patient was effectively used as a surrogate without consent.
Good News for Florida Plaintiffs: No Non-Economic Caps
Florida’s Supreme Court struck down the state’s medical malpractice non-economic damage caps as unconstitutional. That means Florida fertility malpractice victims can pursue full compensation for emotional distress — often the largest component of these cases — without an artificial ceiling.
Florida Deadlines
Medical negligence claims generally must be brought within two years of discovery, subject to a four-year outer repose (with exceptions for fraud and concealment — which are common issues in fertility cases). Florida also has a pre-suit investigation process for medical negligence claims that adds time and formality; missing its requirements can be fatal to a claim. Start early.
What Florida Families Should Do
If your treatment was at a clinic that closed — including the Fertility Center of Orlando — obtain your complete records and confirm the location of any stored embryos now. Our first-72-hours checklist walks through the steps.
Talk to Us
We are counsel in Florida’s most significant fertility case and evaluate Florida matters statewide. Contact us for a free, strictly confidential consultation.