Filing a Medical Malpractice Claim for a Birth-Related Injury
If your child suffered a birth injury during or shortly after birth, they may be entitled to compensation for their injuries.
Birth injury medical malpractice claims give parents a basis for suing doctors and other medical providers for their actions that resulted in birth injuries.
What Are Birth-Related Injuries?
It is estimated that up to 31% per 1,000 live births involve some type of birth trauma. The trauma ranges from mild to life-threatening.
A birth injury is harm to a baby caused by an adverse event during labor and delivery. Birth injuries are different from health conditions, malformations, and birth defects that occur from natural causes. Birth injuries occur because of a medical provider’s negligence or malpractice.
Birth injuries include, but are not limited to:
- Broken bones
- Scalp injuries
- Traumatic brain injury
- Brachial plexus injury
- Caput succedaneum
- Skull fracture
- Lacerations
Birth injuries can cause permanent impairments, disabilities, and death. A baby may suffer paralysis from spinal cord or head injuries. Infants injured during birth may develop a wide range of conditions, including Erb’s palsy, scarring, cerebral palsy, disfigurement, and loss of limbs. Traumatic birth injuries may result in death.
Why Do Birth Injuries Occur in Florida?
Doctors cannot control all factors that could injure a child during labor and delivery. However, negligence and malpractice are common reasons for birth-related injuries. Examples of causes of birth injuries include:
- Failure to monitor the infant and/or mother
- Dystocia (difficult labor and delivery)
- Failure to recognize or diagnose fetal distress
- Improper use of forceps and vacuums
- Failure to perform a timely C-section
- Improper use of medications
- Failure to diagnose a mother’s medical condition before labor and delivery could adversely impact childbirth
- Oxygen
- Failure to diagnose risks of high-risk deliveries, including breech positioning, mother’s high blood pressure, umbilical cord problems, etc.
Medical errors and negligence occur for many reasons. The doctor or healthcare professional may be inexperienced or unqualified. It could result from a medical provider’s use of illegal drugs or alcohol. Understaffing of medical teams and fatigue may also play a role in the cause of birth injuries in Florida.
Who Is Responsible for the Damages Caused by a Birth Injury?
One or more parties could be liable for your child’s birth injury. After a thorough investigation, it may be determined that one or more of the following parties could be at fault:
- General practitioners
- OBGYNs (obstetricians and gynecologists)
- Hospitals and medical facilities
- Nurses and other medical staff
- Surgeons
- Nurse practitioners (NPs)
- Hospital administration
- Pharmacists
- Anesthesiologists
- Medical device manufacturers (i.e., defective medical devices)
A skilled Ocala birth injury lawyer will work with the best medical specialists and experts to determine why your baby suffered injuries during birth. They will gather evidence to prove why and how the mistake or malpractice occurred and who is responsible.
How Do You File a Medical Malpractice Claim for Birth Injuries in Florida?
Parents can pursue a medical malpractice claim against the party or parties responsible for their child’s birth injuries. Proving that a doctor or medical provider is responsible for your child’s injuries and damages requires you to prove:
- A duty of care existed, such as the duty of care created by the doctor-patient relationship.
- The healthcare provider’s mistake or negligence was a deviation from the standard of care, which resulted in a breach of duty.
- The breach of duty was the proximate and direct cause of your baby’s injuries.
- Your baby suffered harm and incurred damages because of the doctor’s breach of duty.
Not every mistake or error is malpractice. The key is to define the medical standard of care and show that the doctor deviated from the standard of care.
Florida law defines the standard of care as the recognized acceptable and appropriate treatment, skill, and level of care used by reasonably prudent similar healthcare providers in light of the relevant circumstances.
In other words, what is the accepted treatment or course of action similar doctors would have used under similar circumstances? Circumstances to consider include your medical history, age, and medical condition.
What Damages Are Available for a Birth Injury Medical Malpractice Claim in Florida?
Generally, parents can seek economic and non-economic damages for a medical malpractice claim for a birth-related injury. Examples of recoverable damages in medical malpractice cases include:
- Past and future medical bills and expenses
- Home modifications for a disability or impairment
- Special education and therapies
- Past and future lost wages for the parents
- The shortened life expectancy of the child
- Caretaking expenses, including long-term nursing and/or personal care
- Emotional, mental, and physical pain and suffering
- Scarring and disfigurement
- A child’s reduced earning capacity
- Loss of enjoyment of life and quality of life for the child
- Wrongful death damages if the birth injury results in a child’s death
The value of a birth injury medical malpractice claim depends on the factors of the case. Working with an experienced Ocala birth injury lawyer is strongly recommended. An experienced attorney understands the value of damages and has access to resources and experts to assist in valuing damages.
What Is the Statute of Limitations in Florida for a Birth Injury Medical Malpractice Claim?
If your child sustained a birth injury, you have a limited time to file a lawsuit or lose the right to pursue a court claim. Generally, a patient has two years after discovering medical malpractice to file a lawsuit.
However, some birth injuries may not be discovered immediately. Therefore, patients have an additional two years to file a lawsuit if the injury is not discovered right away. However, the discovery rule is difficult to understand and apply, so we suggest speaking with an attorney as soon as you suspect medical malpractice.
When a child is injured, Florida law extends the time to file a medical malpractice lawsuit until the child’s eighth birthday. However, if a parent knew or should have known about the medical malpractice, they may be unable to file a lawsuit outside of a four-year statute of limitations.
It is in your child’s best interest to seek legal advice as soon as possible to avoid missing the deadline to file a medical malpractice lawsuit on behalf of a child.
Do You Have Questions About Birth Injury or Medical Malpractice Claims for Children?
Call Allen Law Accident & Injury Lawyers for a free consultation at (352) 351-3258 with an Ocala personal injury lawyer. Our legal team can answer your questions and explain your child’s legal rights.
