Florida Birth Injury Law

Although doctors are required to follow a standard of care to prevent birth injuries, medical mistakes still happen. Unfortunately, these mistakes can result in injury to an otherwise healthy baby at any time from pregnancy, delivery or post-birth. Knowingly failing to inform a mother of possible complications or misdiagnosing a condition may be a violation of the standard of care. The mother’s and baby’s lives may be at risk when the medical staff fails to follow protocol.

Birth-Related Injuries

Cerebral palsy, shoulder dystocia/Erb’s palsy, and Hypoxia (brain damage) are some of the injuries a baby receives when a medical professional fails to properly diagnose fetal distress and perform a life-saving C-section. Failure to diagnose preeclampsia/eclampsia in the mother, not only poses a threat to the baby, but to mother as well. Use of unsanitary surgical utensils, incorrect incision and organ puncture or perforation lead to very serious complications and even death.

Pharmaceutical Injury

Sometimes doctors, hospital staff or pharmacies can give the wrong dosage of medicine or, in some cases, give the wrong medication. Whether these instances are a result of misdiagnosis or negligence they can lead to lifelong injury or in some cases wrongful death of an infant. These mistakes can often be attributed to diagnostic error, failure to use the proper diagnostic test or misinterpretation of test results. In some cases, equipment failure can cause injury as well.

Other complications that can lead to birth injury include:

• • Lack of planning for a Cesarean section or delay in performing it
• • Excessive force used in the delivery
• • Prolonged labor, improper medication
• • Inadequate monitoring of the baby
• • Improper use of forceps and vacuum
• • Lack of proper attention to a high-risk pregnancy
• • Spinal cord injury caused by overstretching
• • Low amniotic fluid
• • Uterine rupture and placental abruption

Birth-Related Neurological Injury

The most serious of birth traumas are brain injuries and they can be caused by bleeding in the skull or by oxygen deprivation. If any of the medical professionals fail to handle an infant with the proper care, delicate brain tissue can be damaged resulting in potential long-term seizure disorders, cerebral palsy or mental retardation. Children who suffer from any of these conditions may require therapy, medication and or other medical care.

Additional Birth-Related Injuries

Failure to comply with proper protocol can result in lifelong injuries other than just brain damage and cerebral palsy. Other conditions may include Erb-Duchenne and Dejerin-Klumpke palsies (brachial plexus injuries), temporary paralysis, fractured collar bones, and meconium aspiration syndrome. Mechanical trauma, in which the baby is in a “breach” birth position or is too big to pass through the birth canal is another major cause of birth injury.
More minor birth injuries can include bruising, swelling, broken blood vessels in the eyes, and in some cases temporary loss of nerve or muscle function that usually heals within a few weeks. However, damage can be permanent if nerves are actually torn.

Birth Injury Attorney in Florida

If surgery, medication, or other medical treatment caused injury or death to your child before or during birth, you need an attorney experienced in dealing with birth injury claims. The birth-related medical malpractice attorneys at Dan Newlin Injury Attorneys ensure that you are compensated properly and given the best chance for your child to live the best life possible. We will help you get everything to which you may be entitled. Call us at 800-257-1822 for a free consultation.