For many, having a child is a dream come true. However, for some families, this dream can quickly turn into a nightmare. Suffering a birth injury can negatively impact a baby and their family for the rest of their lives. You may wonder what causes birth injuries and how you can pursue justice and compensation in such situations.

Take a closer look at common examples of medical malpractice that can lead to birth injuries in Florida.

Understanding Birth Injuries and Medical Malpractice

Special medical care is needed to ensure both mother and baby remain safe and healthy from conception to birth. A birth injury can arise at any time during pregnancy, labor, and delivery, affecting the child’s health and well-being.

What causes birth injuries is often medical malpractice. When a healthcare provider fails to provide mother and baby with the proper medical care, injuries are more likely to occur.

Identifying Medical Negligence

Medical malpractice is also referred to as medical negligence. Under Florida law, medical negligence arises when a provider’s care falls below the accepted professional standard of care. The medical negligence must have resulted in a negative outcome, like a birth injury.

Identifying medical negligence can be challenging. A birth injury attorney can thoroughly investigate your case to identify medical malpractice and take action against the at-fault party on your behalf.

Common Causes of Birth Injuries

The following are some of the most common causes of birth injuries exhibiting medical malpractice.

Failure to Monitor Fetal Distress

When your baby exhibits signs of fetal distress, it means they are not well. Healthcare providers should closely monitor the baby’s vital signs during labor to ensure the child does not go into distress, signifying a lack of oxygen. Failure to do so can result in significant injury.

Improper Use of Delivery Tools

Delivery tools, such as forceps and vacuums, may be necessary during more difficult deliveries. Nonetheless, these tools should be used with extreme care. When a delivery is rushed and medical tools are used improperly, the baby can suffer extensive injuries.

Delayed Cesarean Sections

Sometimes, although you may want a natural birth, a cesarean section (c-section) is required to safely deliver the baby. When your healthcare provider delays a c-section where necessary, it can have detrimental consequences.

Medication Errors

During pregnancy or labor, your doctor may prescribe certain medications. Prescribing the wrong medication or dose could cause serious injury to unborn babies.

Inadequate Response to Complications

Unfortunately, complications can arise during labor and delivery, such as when the baby is in the wrong position or the umbilical cord gets wrapped around the neck. Without a proper response to these emergencies, babies can sustain injuries or, in worst-case scenarios, pass away.

Oxygen Deprivation

At some point during labor or delivery, the baby may become oxygen-deprived, meaning their brain and organs are not receiving sufficient oxygen. When a baby shows signs of distress, providers must act quickly. A baby without oxygen for long periods can suffer permanent brain damage or even death.

Failure to Diagnose and Treat Infections

When a mother does not receive a proper diagnosis or treatment for an infection, such as a placental infection, this can negatively affect the baby. The child may suffer from oxygen deprivation or problems with the brain or lungs.

Mismanagement of Premature Labor

Premature labor, or preterm labor, is labor that begins earlier than it should, usually before 37 weeks. When a mother goes into premature labor, healthcare providers must act accordingly. Mismanaging preterm labor can have lasting consequences, as a baby born too early can face many challenges.

Legal Resource — How to Pursue Compensation for Birth Injuries

Pursuing compensation for your child’s birth injury allows you to obtain the monetary assistance you need to cover medical expenses and ongoing care costs. Seeking financial recovery typically involves filing a birth injury lawsuit against the negligent party.

Throughout your lawsuit, your lawyer will take steps to prove the cause of your child’s birth injury and establish liability. Evidence, such as medical records, can strengthen your claim.

Taking legal action for your child’s birth injury can help you get the justice and compensation you need and deserve. Birth injury cases can be difficult to navigate, but a qualified legal advocate can protect your best interests at every step.

FAQ

What Are Some Common Birth Injuries Resulting From Medical Malpractice?

Medical negligence during pregnancy, labor, and childbirth can result in a wide variety of birth injuries. Common birth injuries include:

Some injuries may cause short-term issues, but more serious injuries can have lasting effects on a child. If you suspect your child’s injuries are a result of medical malpractice, do not wait to seek legal assistance.

What Type of Compensation Is Available for Birth Injuries?

Damages for birth injuries aim to compensate you for related monetary and non-monetary losses, including:

  • Medical expenses
  • Therapy and rehabilitation
  • Pain and suffering
  • Disability
  • Loss of enjoyment of life

Your birth injury attorney can review the details of your case to determine how much your case is worth.

How Long Do I Have to File a Birth Injury Lawsuit?

In Florida, you have two years from the date of the injury to take legal action. To avoid missing your chance to file your claim, consult with a lawyer right away.

Quality Representation From a Birth Injury Law Firm

A birth injury attorney can address your concerns and provide personalized advice and guidance for your case. At Ratzan Weissman & Boldt, we are passionate about helping families in Florida and across the nation seek the justice they deserve.

We have a proven track record of achieving record-setting verdicts for our clients and take pride in providing focused, personalized services. If you believe your child has been harmed as a result of medical negligence, contact us to schedule a consultation with a skilled birth injury lawyer today.