The birth of a child should be a joyous occasion. Unfortunately, when complications arise during labor or delivery, the outcome can be traumatic—especially if those complications result in injury to the baby or mother. In some cases, these injuries are unavoidable. But in others, they may be the direct result of medical negligence. If you’re wondering whether a doctor or healthcare provider is at fault for injuries sustained during childbirth, understanding how medical malpractice works in Florida is a critical first step.
What Is Considered Medical Malpractice During Childbirth?
Medical malpractice occurs when a healthcare professional fails to meet the standard of care expected in their field, resulting in harm to the patient. When related to childbirth, this failure may include failure to monitor the baby’s vital signs; delayed response to fetal distress; improper use of forceps or vacuum extractors; failure to perform a necessary C-section in a timely manner; medication errors during labor or negligent prenatal care leading up to delivery.
If a medical provider’s action—or inaction—leads to serious injury or exacerbates an existing condition, it could qualify as malpractice.
Common Birth Injuries That May Be Caused by Negligence
Some birth injuries are more commonly associated with medical errors. These include:
- Cerebral palsy
- Erb’s palsy (brachial plexus injury)
- Hypoxic-ischemic encephalopathy (HIE)
- Fractures or broken bones during delivery
- Shoulder dystocia injuries
- Permanent brain damage from lack of oxygen
While some of these injuries can occur even with proper care, a qualified attorney can help determine whether a deviation from the standard of care played a role.
How Do You Prove Medical Malpractice in Florida?
Proving a medical malpractice claim in Florida is comprised of several steps – and involves several legal standards. The injured party must demonstrate the following:
A Doctor-Patient Relationship Existed: This means the healthcare provider owed a duty of care to the patient.
There Was a Breach in the Standard of Care: The medical provider failed to act as a competent professional would have under similar circumstances.
That Breach Caused the Injury: It’s not enough that an injury occurred—the plaintiff must prove that the injury was directly caused by the provider’s negligence.
Damages Were Suffered as a Result: Damages could include medical costs, ongoing therapy, lost income, and pain and suffering.
In Florida, you must also provide a pre-suit notice of intent to initiate litigation, along with an expert affidavit confirming that medical negligence likely occurred. The statute of limitations for filing most childbirth injury claims in Florida is two years. Exceptions may apply in certain cases involving infants or delayed discovery of harm.
What Should You Do If You Suspect Malpractice Related to Childbirth?
If your child suffered an injury related to childbirth and you believe it was due to a medical mistake, it’s important to act quickly.
- Get a second opinion from another physician
- Request and review your complete medical records
- Document everything—including symptoms, treatments, and expenses
- Contact a qualified Florida medical malpractice attorney
A skilled attorney can consult medical experts, analyze your case, and help determine whether malpractice occurred. If negligence is found, you may be entitled to compensation that can help cover medical expenses, ongoing care, and other damages.
Get Help from a Florida Birth Injury Lawyer
At Probinsky & Cole, we understand how devastating it is when a preventable birth injury changes your family’s future forever. Our legal team has years of experience handling Florida medical malpractice cases. We are here to provide answers, hold negligent providers accountable, and fight for the justice your family deserves.
Contact us today for a free consultation to determine the merits of your case. You don’t pay unless we take your case and win.
