Childbirth Negligence
Although the majority of Florida’s medical professionals provide exemplary services to their patients on a daily basis, there are times when some doctors, nurses and other medical staff fail to uphold the prevailing professional standard of care required. This can result in the death or injury of their patient, which in the case of childbirth can affect both the mother and the infant. Under Florida law, the prevailing professional standard of care refers to the level of care, skill, and treatment that, considering the surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers.
When a child suffers a birth injury as a result of medical negligence, the parent may seek just financial compensation in order to pay for their treatment and help them live an independent life going forward. This can be especially important if the child will require a permanent caretaker, which can be a considerable financial burden over their lifetime. Because of this, it is strongly recommended that parents who find themselves in this unfortunate situation speak with an experienced medical malpractice attorney as soon as possible to understand their legal rights and potential options for compensation.
Key Takeaways
- Childbirth negligence can occur during pregnancy, labor and delivery, or after birth and may affect both the mother and the baby.
- Potential examples include failing to diagnose or manage pregnancy complications, failing to recognize fetal distress, delaying a necessary C-section, improper use of forceps or vacuum extraction, and inadequate postpartum or neonatal monitoring.
- Birth injuries can range from short-term complications to serious long-term conditions such as brain injury, cerebral palsy, Erb’s palsy, and spinal cord injuries.
- Florida medical malpractice claims are subject to strict filing deadlines and presuit requirements, so families who suspect negligence should investigate the claim promptly.
Negligence During Pregnancy
During pregnancy, there are multiple ways in which negligence can occur that can impact the baby or the mother. Generally speaking, this involves a failure to diagnose or appropriately manage certain maternal or fetal conditions especially in high-risk pregnancies. Examples of conditions that may be involved include preeclampsia, diabetes and maternal infection.
Failure to properly diagnose and treat these conditions can cause mothers serious physical harm, such as liver failure, seizures or heart issues during the course of the pregnancy and during childbirth. It also can lead to childbirth complications that can cause permanent injuries to the child, including debilitating brain injury.
Negligence During Birth and After Birth
Common examples of potential negligence during and after childbirth include:
- Exerting excessive force on the baby during the delivery
- Failing to prevent or control tearing/hemorrhaging to the mother
- Failure to actively monitor the child’s heartbeat and detect fetal distress
- Failing to perform an emergency C-section when necessary
- Improper use of birthing tools during a vacuum or forceps delivery
In addition to these errors, a failure to obtain legally sufficient informed consent before using forceps, vacuum extraction, or another procedure may also become an issue in a malpractice claim when the patient was not adequately informed of the procedure, reasonable alternatives, and substantial risks and hazards. Florida’s informed-consent law focuses on whether the information provided would give a reasonable patient a general understanding of those matters.
Even after the child has been delivered, medical negligence can still occur. There are specific procedures that must be followed after birth, and failure to follow them can result in injury or death to the child. Examples of postpartum or neonatal errors may include failing to identify blood-type incompatibility, failing to control maternal blood loss, failing to monitor the baby’s oxygen levels, or failing to diagnose and treat jaundice. Additionally, a failure to timely diagnose and treat postpartum uterine injuries or tears may lead to infection and other long-term complications.
Short Term Effects of Childbirth Negligence
Medical negligence in childbirth situations can result in serious immediate or short-term consequences for the baby and the mother. For the infant, this may include:
- Bleeding in the skull or under the scalp (hematoma)
- Excessively high or low blood pressure
- Fracturing of bones
- Infections
- Neonatal asphyxia
- Neonatal jaundice
- Nerve damage
- Bruising and swelling
For the mother, short term effects of childbirth medical negligence include:
- Loss of blood
- Blood pressure that is excessively high or low
- Uterus, bladder or bowel injury
- Urination control issues
- Serious vaginal or uterine tears
Many of these short-term effects from childbirth negligence may improve or resolve with prompt and appropriate treatment. However, some can result in lasting complications or become life-threatening if not properly treated.
Long Term Effects of Childbirth Negligence
In addition to the short term effects listed above, medical negligence at childbirth can also result in several long term effects, including:
- Permanent brain damage
- Cerebral palsy
- Erb’s palsy
- Kernicterus
- Injuries to the spinal cord
For infants, one serious situation can occur when medical professionals fail to recognize fetal distress during the delivery process, which can result in oxygen deprivation and brain injury. This brain damage can lead to conditions such as cerebral palsy.
In addition to the infant, mothers are also at risk for long term health issues and complications from childbirth negligence. One of the biggest concerns is when this negligence results in untreated infections that cause damage to a mothers internal organs. Forceps and vacuum delivery complications can also cause mothers to suffer from long term issues related to their pelvic floor, which can result in incontinence and ongoing pain.
Florida’s Birth-Related Neurological Injury Compensation Program
Some severe birth-related neurological injuries in Florida may fall under the Florida Birth-Related Neurological Injury Compensation Plan, commonly known as NICA. The program applies only to certain qualifying injuries involving the brain or spinal cord caused by oxygen deprivation or mechanical injury during labor, delivery, or immediate post-delivery resuscitation.
When NICA applies, it can provide compensation regardless of fault and may serve as the exclusive remedy instead of a traditional medical malpractice lawsuit against providers directly involved in the labor, delivery, or immediate post-delivery resuscitation. Because NICA has specific eligibility requirements and procedures, families dealing with a serious neurological birth injury should determine early whether the program may apply to their case.
Challenges of Raising a Child with a Birth Injury
The effects of a childbirth injury can be long lasting, affecting both the child and their parents. In many cases, the child may require specialized birth injury treatment depending on the severity of the injury incurred.
While there are many treatment options available to help manage a child’s birth injury symptoms, they can be costly for families. These treatments may include assistive devices, mobility aids, medications, surgeries, and various types of therapy designed to improve function, independence, and quality of life.
The financial strain of these treatment costs can be exceptionally challenging to families and may be compounded by lost income when a parent or caregiver must take time away from work to provide long-term care. Families may be able to seek compensation through a medical malpractice claim when a birth injury was caused by negligent medical care. Additionally, other avenues of relief may be available through government benefit programs, grants, and lawsuit compensation.
Proving Childbirth Negligence
A poor outcome during pregnancy or childbirth does not automatically mean medical malpractice occurred. To bring a successful childbirth negligence claim, a family generally must show that a healthcare provider failed to meet the applicable standard of care and that this failure caused or contributed to the mother’s or child’s injury.
These cases often require review of prenatal records, fetal monitoring strips, delivery records, imaging, laboratory results, and other medical evidence. Medical experts may also be needed to evaluate whether the care provided was appropriate under the circumstances and whether different treatment could have prevented the injury.
Who May Be Liable for Childbirth Negligence?
Depending on how the injury occurred, a childbirth negligence claim may involve one or more healthcare providers or medical facilities. Potentially responsible parties can include obstetricians, nurses, anesthesiologists, other medical specialists, and hospitals or healthcare facilities involved in the mother’s or baby’s care.
Determining responsibility requires looking closely at who provided the care, what decisions were made, and whether a departure from the applicable standard of care contributed to the injury.
Filing a Negligence Claim for Childbirth Injury
Families and parents who find themselves suffering preventable harm during the childbirth process may be eligible to file a birth injury negligence claim if they believe the healthcare provider bears responsibility. In fact, childbirth injury malpractice lawsuits play an essential role in preventing these cases from happening in the future, as well as working to maintain a high standard of care in the medical industry.
Under Florida law, medical malpractice claims generally must be filed within two years from the incident or from when the injury was discovered, or reasonably should have been discovered. In most cases, there is also a four-year statute of repose, although special exceptions can apply, including certain claims involving minors. Families can learn more about these Florida medical malpractice filing deadlines and the exceptions that may affect when a claim must be brought.
Florida also requires a presuit investigation before a medical malpractice lawsuit is filed. This generally includes investigating whether reasonable grounds exist to believe a healthcare provider was negligent and that the negligence caused injury, followed by presuit notice to the prospective defendant.
Choosing to work with an experienced childbirth injury attorney to file a claim for medical negligence can help families understand their legal options and pursue available compensation. A medical malpractice claim can also provide a way to hold responsible healthcare providers accountable when negligence is established. If you believe your child’s birth injury was caused by preventable medical negligence, speaking with a Florida medical malpractice attorney can help you evaluate your claim and determine what steps may be available. Contact our office today for a case review to find out if you may be entitled to compensation.
