Obstetrical Malpractice in Florida: A short guide for parents
The most tragic type of medical malpractice that occurs in Florida is Obstetrical malpractice during labor and delivery. This type of case usually involves severe injury to the most vulnerable and innocent patients, i.e. newborns. These injuries to newborn babies also often lead to destruction of the family unit. Most of the claims arise from either not doing a cesarean section, or not doing a cesarean section soon enough to prevent serious injury or death of the baby.
IMPROPER FETAL MONITORING AND FAILURE TO DELIVER THE BABY QUICKLY
Babies in the womb receive their oxygen from the blood exchange with mom through the umbilical cord. Sometimes, the forces of labor can cause compression on the umbilical cord significant enough that the flow of blood (and oxygen) to the baby can become greatly diminished. Healthy babies can withstand this diminished flow of oxygen for a while, but at some point, any baby’s oxygen reserves can become exhausted, and the baby will show signs of distress on the fetal monitor. If obstetricians or labor and delivery nurses fail to pay attention to fetal monitoring, or if the failed to properly interpret the signs of distress on the fetal monitor, it can lead to a delay or failure to intervene and rescue a baby in distress. The fasted intervention may sometimes be the use of forceps to speed a vaginal delivery, but often the fastest (and safest) way may be to perform an emergency cesarian section. Failure to deliver a baby in distress quickly can have tragic outcomes, including:
Hypoxic-Ischemic Encephalopathy (HIE) which is permanent brain damage caused by lack of sufficient oxygen to the brain.
Cerebral Palsy: A type of movement disorder caused by brain injury before or during the birth process.
Perinatal Strokes: Injuries to the brain involving blood vessels, that can occur while the baby is in utero (in the womb) and up to a few weeks after birth.
Any of these things can also lead to the death of the baby.
Please contact us if you would like a free evaluation of a possible obstetrical malpractice claim.
More Obstetrical Malpractice Birth Injury Information:
Read about $12 million Federal Tort Claims Act recovery in Florida birth injury case.
Read about Florida’s No-fault system for certain types of birth injuries (NICA program).
Read about Florida Supreme Court striking down obstetrician’s “mandatory” patient arbitration agreement.
Read about new Florida law allowing C-sections outside of hospitals.
Read about Appellate court upholding baby weight distinctions in Florida’s NICA program.
Read about University of Miami Hospital being denied immunity under Florida’s NICA program.