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Common Types of Errors That Lead to Birth Injuries


As a type of personal injury claim, birth injury lawsuits in Florida typically follow the same pattern as other medical malpractice cases. To prevail, you need to prove that the health care provider breached the relevant standard of care, and this error was the direct cause of harm to you and/or your baby. Florida’s statute on medical negligence describes this standard of care as what is considered a “prevailing” professional norm in the relevant medical specialty area; in a birth injury case, the standard would be that which applies in obstetrics, gynecology, and other prenatal fields.

Like other medical malpractice cases, the complexity of Florida birth injury claims stems from the fact that you need to establish the specific way in which the practitioner breached the standard of care. It is not enough to say that the physician deviated from professional norms; you need proof of HOW. Some of the most common issues in birth injury claims include: 

Poor Quality Prenatal Care: The womb is the baby’s home, so it is essential for a physician to ensure that the mother receives proper care during gestation. The chances of complications during childbirth rise with insufficient care, potentially leading to injuries for both mother and infant.

Failure to Test Based on Presence of Risk Factors: Part of proper prenatal care involves conducting tests and lab screenings when the mother has certain risk factors. Issues such as diabetes, hereditary and genetic disorders, and lifestyle factors may affect the fetus before birth and the delivery process. As such, health care providers must be diligent and proactive in detecting medical conditions before they become dangerous.

Mistakes in Monitoring During Delivery: Childbirth is a delicate process, but it is also strenuous and demanding for both mother and child. The physician and attending staff must be vigilant about issues that affect their lives, which means monitoring vital signs, oxygen levels, and related issues. Health care providers can only take remedial action and address emergencies when they know there is a problem.

Negligence During Labor and Delivery: Childbirth is an active process that incorporates multiple personnel, including the physician, specialists, nurse midwives, nurses, and other practitioners. Each person has a duty to comply with the standard of care, but individuals may be careless or negligent in performing their roles. Birth injuries may result when:

  • The doctor improperly uses a forceps, vacuum, or other assistive device when delivering the infant;
  • The physician or nurse mid-wife applies excessive force to the baby during the birthing process;
  • A physician orders a C-section at an inopportune time;
  • Attending staff mishandles the newly-born infant; and,
  • Personnel engage in other forms of negligence.

Discuss Your Circumstances with a Florida Birth Injury Attorney 

If you or your child suffered harm due to any of these or other breaches of the standard of care, you may be able to recover damages through a birth injury lawsuit. Our medical malpractice team at Freidin Brown, P.A. is well-versed in investigation and legal strategies to hold health care providers accountable for their mistakes. To learn more about how we can help please contact our offices to schedule a free consultation with one of our skilled Miami birth injury lawyers.


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